The appellant developer appealed a Small Claims Court decision finding it breached its duty of fair dealing by refusing to reduce the final sale price for the respondent's commercial condominium units, despite doing so for other purchasers.
The appellant argued the trial judge introduced a novel theory of liability (duty of honest performance under Bhasin v. Hrynew) that was not expressly pleaded, depriving it of the right to know the case to meet.
The Superior Court of Justice dismissed the appeal, finding the self-represented respondent had clearly pleaded unfair treatment, the appellant knew the case it had to meet, and the trial judge correctly applied the law on the duty of honest performance.
