The appellant appealed a trial judgment regarding a profit-sharing agreement for construction projects.
The trial judge found no negligence on one project and that both parties were responsible for the failure to earn a profit on the other, declining to apportion liability or award compensation.
The appellant also argued the trial judge erred in excluding its expert witness for lacking impartiality.
The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's findings on liability and holding that the exclusion of the expert was a discretionary decision open to the trial judge.
