The appellant, Belmar Roofing Inc., appealed a trial judgment finding them liable for breach of contract and negligence for a defective roof installation.
The appeal primarily challenged the trial judge's reliance on the respondent's engineer's expert evidence, which the appellant argued was contradicted by a draft report and exaggerated the roof's danger.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's acceptance of the engineer's testimony, as the engineer adequately explained the omission in the final report and maintained his opinion on the roof's hazards.
The court found ample evidence to support the trial judge's conclusions and no basis to interfere with the damages assessment.
