The appellant appealed a Small Claims Court decision dismissing his claim against his insurer and a remediation contractor for allegedly defective flooring installation following a basement flood.
The appellant argued the trial judge failed to properly assist him as a self-represented litigant, erred in taking a view of the property, improperly rejected evidence, and erred in finding a claim regarding a vapour barrier was statute-barred.
The Divisional Court dismissed the appeal, finding the trial judge properly accommodated the appellant without assuming the role of counsel, had the authority to take a view, appropriately exercised her discretion regarding evidence, and correctly applied the limitation period.
Costs of the appeal were awarded to the respondents on a partial indemnity basis.
