The appellants appealed a Small Claims Court decision finding them liable for fraudulent misrepresentation regarding a latent defect in a property they sold to the respondent.
The trial judge found that the appellants recklessly answered a Disclosure Statement regarding basement leakage.
The Divisional Court applied the Housen standard of review and found no palpable or overriding error in the trial judge's conclusions that the basement leak was a latent defect and that the appellants' reckless answers constituted fraudulent misrepresentation.
The appeal was dismissed.
