The appellant appealed a Small Claims Court decision awarding the respondent $10,047.96 for defective hardwood flooring installation.
The appellant argued the trial judge misapprehended evidence and erred by finding negligence without expert evidence.
The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the trial judge's factual findings or credibility assessments.
The court also held that expert evidence was not required to establish the standard of care for non-technical matters such as squeaky floors.
