from a number of defendants, including ( i) Errol Wai-Ping
(“Wai-Ping”), the previous owner of the property who had sold
it to them in 2005; ( ii) Pat Murphy and Frank Real Estate
Ltd. (the “Murphy defendants”), who had acted as real estate
agents for the main action plaintiffs on their acquisition of the
property in 2005; and ( iii) Amerispec Canada Inc. and related
entities (the “Amerispec defendants”), who had conducted a home
inspection for the main action plaintiffs prior to their purchase
of the property in 2005.
 On December 9, 2011, Wai-Ping delivered a statement of
defence and cross-claim in the main action. In it, he pleaded that
at the time he purchased the property in 1995, he had retained
a home inspector to conduct a home inspection of the property.
He stated that the inspection did not reveal any significant
defects in the property. As a result, he completed the transaction
to acquire the property on or about April 28, 1995.
 There is nothing in the record to indicate that either the
Murphy defendants or the Amerispec defendants made any
inquiries in an attempt to ascertain the identity of the home
inspector referred to in Wai-Ping’s statement of defence and
 Wai-Ping’s examination for discovery took place October 24,
2013. Counsel for the main action plaintiffs, the Murphy
defendants and the Amerispec defendants were in attendance.
During the examination, counsel for the main action plaintiffs
questioned Wai-Ping about the home inspection that had been
conducted in 1995. The relevant extracts from the transcript of
the examination for discovery of Wai-Ping by counsel for the main
action plaintiffs are as follows:
70 Q. Did you have a home inspection done during the —
71 Q. You did?
A. Yes, sir.
72 Q. And do you remember who did your home inspection?
A. No, sir.
73 Q. Do you know how you located or found the home inspector? Was it
a referral from Ms. French?
A. I do not recall, sir.
74 Q. Do you remember if it was a company or an individual?
A. No, sir.