The appellant appealed a trial judgment finding it liable for a fire that destroyed a Quonset hut on the respondent's property.
The fire started in a partition wall near a furnace maintained by the appellant, through a process called pyrolysis.
The appellant argued the trial judge failed to explicitly address whether the furnace was insulated, which was necessary for pyrolysis to occur.
The Court of Appeal dismissed the appeal, finding that by accepting the respondent's expert evidence, the trial judge implicitly found the furnace was not insulated, and there was no misapprehension of evidence.
