The appellants appealed a Small Claims Court judgment awarding the respondent damages for negligent misrepresentation regarding a failing septic system in a real estate transaction.
The respondent cross-appealed the trial judge's decision to apply a 50% discount for betterment.
The Divisional Court dismissed both the appeal and the cross-appeal, finding no palpable and overriding error in the trial judge's admission of expert evidence or assessment of betterment.
