Facts: Deborah Flood purchased a condo from Holly Dawn Pateman and Brian Christopher Gottmers, not knowing the unit had a silverfish infestation. Flood noticed the infestation shortly after moving in, despite the sellers having indicated no infestation in the Property Disclosure Statement (PDS).

Issue: The main legal issue revolved around whether the sellers were required to disclose the silverfish infestation and whether their failure to do so constituted a misrepresentation affecting the sale.

Court's Ruling: The court ruled in favor of the defendants, Pateman and Gottmers. It found that there was no infestation at the time the PDS was completed and signed, and that the defendants had not been aware of any significant silverfish problem. The court upheld the principle of caveat emptor, noting that the defendants had answered the PDS questions honestly based on their knowledge at the time.

Costs/Damages Awarded: The plaintiff’s claim was dismissed, and the defendants were typically entitled to costs. However, the court provided an opportunity for either party to contest the costs if they wished to do so within 21 days of the judgment.