The appellants appealed a trial judge's finding that their faulty construction of a fireplace caused a fire in the respondent's home.
The appellants argued the trial judge misapprehended the evidence and failed to consider that the fire's cause was undetermined.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's acceptance of the respondent's expert evidence that the fire was caused by pyrolysis due to the chimney's proximity to a trimmer joist.
