The appellant appealed a Small Claims Court decision dismissing his action for damages arising from allegedly negligent installation of vinyl siding by the respondent.
The trial judge found the appellant failed to prove negligence, noting ten years without issues and evidence of poor maintenance.
On appeal, the appellant argued the trial judge erred by not deciding the case on breach of contract.
The Divisional Court dismissed the appeal, finding no palpable or overriding error in the negligence analysis and holding that breach of contract was never pleaded or argued at trial.
