The appellant sold his print services business to the respondents, who subsequently stopped making payments on the promissory note, leaving a balance of $94,600.
The appellant brought an application for judgment, which the application judge dismissed upon finding the appellant made a fraudulent misrepresentation regarding the value of the business equipment.
The Court of Appeal allowed the appeal, finding the evidence fell short of establishing fraudulent misrepresentation, and ordered the matter to proceed to trial due to the numerous factual disputes.