Adam Ship

The appellant appealed a trial judgment awarding damages for breach of a commercial real estate agreement based on a 50 per cent lost chance of closing.

The Court of Appeal upheld the trial judge's findings on causation, the date of assessment, and the use of a discounted cash flow methodology.

However, the Court found the trial judge misapprehended evidence regarding the amortization of capital expenditures and directed a new trial solely on the issue of recovering certain management expenses.