Case Background:

• Issue: The Purchaser sought rescission of the Agreement of Purchase and Sale (APS) of a luxury home, alleging fraudulent misrepresentation by the Seller.
• Claims: The Purchaser also claimed conspiracy against other defendants for concealing threats to the property and transferring proceeds improperly.

Lower Court Decision:

• Summary Judgment: Granted in favor of the Purchaser for rescission of the APS due to fraudulent misrepresentation and latent defect, with equitable damages awarded.

Appeal Arguments:

• The appellants contended the motion judge erred by:
  1. Reversing the burden of proof.
  2. Finding fraudulent misrepresentation and failure to disclose a latent defect.
  3. Granting partial summary judgment.

Court of Appeal Findings:

• Marketing Misrepresentation: The property was marketed as "private and secure," despite known safety risks.
• Post-Sale Issues: The Purchaser discovered threats related to the previous occupant, Aiden Pleterski, causing security concerns.
• Summary Judgment Justified: The Seller's fraudulent misrepresentations warranted rescission and damages.
• Bifurcation Appropriate: The conspiracy claim could proceed separately, with no risk of inconsistent findings.

Conclusion:

• Appeal Dismissed: The motion judge's decision was upheld.
• Costs: Appellants to pay $25,000 to the respondent.