It is very difficult for ordinary mortals to differentiate the harmless black ant from the carpenter ant. The distinction is paramount in the case of a prosecution for hidden vice. Indeed, only the presence of carpenter ants, among all insects, gives the right to a recourse in hidden vice against the former owner. However, case law has established that the mere presence of carpenter ants is not necessarily a hidden defect (Li c Boutilier, Court of Quebec, 2006). As Mario Naccarato emphasizes, "despite the hidden nature of the presence of carpenter ants (...) the only hidden character affecting a vice is not enough to engage the responsibility of the seller".