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Sultan v. Gitman
Gitman was very much aware of the contamination.
Sultan never asked the question, but Gitman had a good faith
obligation to disclose – real estate purchases are not a "game of
cat and mouse" (Court of Appeal – Proulx Robertson v. Collins).
Court also held him responsible for costs and Sultan's own legal
fees.
Gitman had arranged for his law school friends to do most of the
legal work for free and had “tried to drown the Sultans with legal
process”.
He admitted that he had every opportunity and the full latitude
necessary to draft the without warranty clause the way he wanted
it, as is evidenced by the fact that he made handwritten
corrections to it.
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