[1] The defendants, William and Helen Gray, bring this motion under Rule 21.01(b) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 for an order dismissing this action against them by the plaintiffs, Jason Dennis and Rebecca Bound, on the basis it discloses no reasonable cause of action.

[2]          The question on this motion is whether it is "plain and obvious" that the seller of a house does not have to disclose to a purchaser with young children the fact \u8209 - which was common knowledge in the neighbourhood \u8209 - that a person convicted under the child pornography provisions of the Criminal Code, R.S., 1985, c. C-46 lives across the street. Alternatively stated, is it "plain and obvious" that such a fact does not, in law, amount to a “latent defect” of such a nature that it must be disclosed to a purchaser?

To make a longish story short, the judge found that it is not plain and obvious that such a fact does not amount to a latent defect, and so dismissed the defendants' motion.