The appellant developer sued the respondent architect for negligence and breach of contract, alleging that the upper deck of a parking garage was inadequately designed, resulting in water ponding.
The trial judge dismissed the action, finding that the ponding was caused by construction defects rather than the architect's design.
On appeal, the appellant argued the trial judge erred in his appreciation of the expert evidence and in finding the designed slope was reasonable.
The Court of Appeal dismissed the appeal, holding that while the trial judge mistakenly stated there was no expert evidence challenging the design, this error was immaterial because the trial judge's liability findings were driven by construction errors for which the architect was not responsible.
