The appellant subcontractor appealed a Small Claims Court judgment dismissing its claim for breach of contract and granting the respondent's counterclaim for damages caused by roof leaks.
The appellant raised issues regarding contract terms, mitigation, a settlement agreement, causation of the leaks, and the award of damages.
The Divisional Court applied the Housen standard of review and found no palpable and overriding errors in the Deputy Judge's findings of mixed fact and law.
The appeal was dismissed, though a calculation error in the damages award was corrected.
