The appellants appealed a Small Claims Court judgment dismissing their claim for damages to their in-ground pool caused by improper winterization.
The appellants alleged the respondent breached its contractual obligation to provide pool training and was negligent in failing to warn them of the dangers of improper winterization.
The Divisional Court allowed the appeal and ordered a new trial, finding that the trial judge made palpable and overriding errors by reaching conclusions and making findings of fact prior to hearing all of the evidence, which tainted his assessment of the subsequent evidence and expert testimony.
