H.J. Wilton-Siegel J.

The appellant buyer appealed a Small Claims Court judgment dismissing his claim for the return of a $10,000 deposit and awarding the deposit to the respondent sellers as damages for anticipatory breach.

The buyer had repudiated the agreement of purchase and sale after a pre-closing visit, alleging undisclosed prior water damage to the basement.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual conclusion that the buyer failed to prove the existence of prior water damage or misrepresentation by the sellers.

The plaintiffs sought leave to appeal a decision conditionally certifying a class action against a parking management company with significantly narrower parameters than proposed.

The plaintiffs challenged the motion judge's dismissal of causes of action under the Consumer Protection Act, 2002, unjust enrichment, and unconscionability, as well as the imposition of a limitation period and the exclusion of punitive damages as a common issue.

The Divisional Court found no good reason to doubt the correctness of the motion judge's order and no conflicting decisions warranting leave.

The motion for leave to appeal was dismissed in its entirety.