Law360 Canada ( June 3, 2021, 5:50 AM EDT) -- Appeal by the defendant vendor from refusal of summary judgment dismissing the action by the plaintiff purchaser. The vendor purchased the subject property in 2007. He completed extensive renovations and repairs that did not involve the basement suite. He contracted out the management of the home as an investment property and never resided within it. In 2013, the plaintiff had a series of conversations with the vendor about purchasing the home. The transaction proceeded after the vendor provided a property condition disclosure statement and the plaintiff arranged a home inspection. Three months after taking possession, a guest damaged a basement wall. The plaintiff discovered mould in the insulation and joists that were charred and burned from fire damage. The plaintiff sued the vendor, the home inspector and his company for damages for breach of contract, negligence and misrepresentation. The vendor learned of two fires that preceded his ownership. The defendants sought summary judgment dismissing the claim. The chambers judge allowed the application in respect of the home inspection defendants based on an exclusion clause. The judge directed a trial against the vendor for fraudulent misrepresentation by concealment. The defendant appealed....