The appellant hardwood retailer appealed a Small Claims Court decision finding it liable for negligent misrepresentation regarding the sale of hardwood flooring.
The flooring degraded due to inadequate humidity levels in the respondents' condominium.
The trial judge found the appellant breached its duty to advise the respondents of the product's specific, higher-than-normal humidity requirements.
The Divisional Court dismissed the appeal, upholding the trial judge's findings on causation, the respondents' lack of actual knowledge, the inapplicability of an exclusionary clause on the invoice, and the quantum of damages.
