The appellants (vendors) appealed a Small Claims Court decision awarding the respondent (purchaser) $17,488.27 in damages for a breach of warranty in a residential real estate transaction.
The trial judge found the vendors failed to disclose an HVAC rental contract and removed fixtures prior to closing.
The Superior Court of Justice applied the palpable and overriding error standard of review and found no basis to interfere with the trial judge's findings of fact.
The appeal was dismissed with costs awarded to the respondent.
