The appellant, Shoreh Forjani, appealed a summary judgment decision that awarded damages to the respondents, George Leslie Scott and Harriet Brav-Baum, for her failure to close a property purchase.
The appellant had refused to close, alleging latent defects.
The respondents subsequently sold the property for a lower price and sued for damages.
The motion judge had granted summary judgment, finding the respondents had mitigated their damages and giving no weight to the appellant's "expert" affidavits due to a lack of evidence regarding their qualifications.
The Court of Appeal dismissed the appeal, affirming the motion judge's decision that expert opinions require proper foundation regarding qualifications to be given weight, and that an adverse inference was properly drawn when the appellant obstructed questions about an expert's expertise.