The appellant Township appealed a trial decision finding it 45% liable for damages resulting from a negligently installed solar panel array on the respondents' barn.
The Township admitted negligence in failing to have an engineer inspect the installation before closing the building permit, but argued its liability should be lower and challenged the quantum of damages.
The Court of Appeal upheld the 45% apportionment of liability, finding no palpable and overriding error.
However, the Court allowed the appeal regarding the quantum of damages, finding the trial judge made material errors in adopting the respondents' expert's estimate, including double-counting truss repair costs.
The matter was remitted to the Superior Court for a reassessment of damages.
