The appellant, B.C.R. Construction Incorporated, appealed a trial judgment that awarded the respondent damages for breach of a real estate contract and dismissed the appellant's counterclaim regarding restrictive covenants.
The trial judge had found a binding agreement of purchase and sale, awarded damages for the cost differential and relocation of a house, and granted $100,000 in costs to the respondent due to the complexity of the dismissed counterclaim.
The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the trial judge's factual findings, legal conclusions, or costs award.
