The appellant seller appealed a Small Claims Court decision holding her liable for $28,600 in damages for negligent misrepresentation.
During a real estate bidding process, the appellant falsely represented to the respondent buyers that she had other registered offers, inducing them to increase their bid to $1.305 million.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings that the other offers were mere oral puffery and not valid registered offers.
The court also upheld the trial judge's damages assessment based on the loss of chance doctrine, and awarded $3,000 in costs to the self-represented respondents for their factum disbursement.
