Carthy J.A.

The appellants appealed a trial judgment finding them liable for fraud, awarding damages and punitive damages, and granting an oppression remedy.

The appellants operated a petroleum supply business that became insolvent.

They continued to order gasoline from the respondent without intending to pay, using the proceeds to pay themselves and their lawyers.

The Court of Appeal upheld the finding of fraud and the compensatory damages of $539,658.41 for gasoline delivered after January 9, 1997.

However, the Court struck the oppression declaration, the $300,000 punitive damages award, and the order subordinating the appellants' secured claims, allowing the appeal in part.

The plaintiff appealed a trial judgment apportioning 90% of the fault to it for corrosion damage to the steel roofs of two of its warehouse buildings.

The trial judge found the plaintiff negligent for failing to install a vapour barrier, which allowed condensation to cause the corrosion, and the defendant 10% at fault for failing to warn that its phenolic foam insulation contained corrosive acids that could accelerate the damage.

The Court of Appeal dismissed the appeal, upholding the trial judge's finding that the plaintiff's failure to consider the permeability of the insulation and foresee the risk of moisture damage constituted contributory negligence.

The defendant's cross-appeal regarding its duty to warn was also dismissed.