D. W. Lalonde

The appellant appealed a Small Claims Court judgment ordering her to pay $3,184.59 to the respondent purchasers for defects discovered after closing a real estate transaction.

The defects included a cracked water pipe that the appellant had concealed, leaks in the swimming pool covered by a surviving warranty, and a missing pool pump that the appellant had stored without notifying the purchasers.

The Divisional Court dismissed the appeal, finding no palpable or overriding error in the trial judge's findings of fact.

The appellants appealed an order finding that Ontario had jurisdiction over the litigation.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that there was a sufficient connection to Ontario.

The plaintiff was located in Ontario, the harm was suffered there, and the tort as pleaded involved the appellants effecting a breach of contract in Ontario, which they should have reasonably anticipated would cause harm in the province.

The appellants appealed an order finding that Ontario had jurisdiction over the litigation.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that there was a sufficient connection to Ontario.

The court noted that the plaintiff was in Ontario, the harm was suffered there, and the tort as pleaded involved the appellants effecting a breach of contract in Ontario, making it reasonably foreseeable that their actions would cause harm in the province.