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Small Claims Court appeal dismissed; trial judge's finding of negligent tile installation was not clearly wrong.
The appellant appealed a Small Claims Court decision finding him liable for $10,000 for the negligent installation of ceramic tiles in the respondent's home.
The appellant argued the trial judge made erroneous findings of fact regarding the visibility of floor joists and the cause of the cracking tiles.
The Divisional Court dismissed the appeal, holding that the trial judge's finding that the appellant breached his duty to discuss the adequacy of the floor joists with the homeowner was supported by the evidence and not clearly wrong.
Appeal dismissed; trial judge's calculation of prejudgment interest on past loss of income upheld.
The appellants appealed the trial judge's calculation of prejudgment interest on the respondent's past loss of income and the deduction of no-fault benefits following a jury verdict.
The Court of Appeal found no error in the trial judge's determination that past loss of income began to accrue immediately following the accident, and upheld her treatment of the no-fault benefits deduction.
The appeal was dismissed.
