The plaintiff also cites Flemming v. Yakimchuk, [2000] A.J. No. 745. That was a case similar to this where the court found that the home inspector had carried out a negligent inspection and where the inspector relied upon limitation of liability clauses in or connected to his report. The document in question had never been seen by the plaintiffs prior to the completion of the inspection and their reliance on the report. The court held that the limitation provisions were not applicable. However, there was no indication that the plaintiffs had signed or in any way assented to the document containing the limitation clauses and that is an important difference from the instant case.
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