The appellant purchased a pharmacy business from the respondents and later sued for breach of warranty after a fertility clinic located in the same building closed.
The trial judge dismissed the claim, finding that the withheld information about the clinic's closure would not reasonably have deterred the appellant from completing the transaction given its limited financial impact.
On appeal, the Divisional Court upheld the trial judge's decision, finding no palpable and overriding error in his interpretation of the commercial contract or his assessment of the evidence.
