The appellant, a commercial rabbit farmer, appealed a trial decision dismissing his counterclaim that contaminated feed supplied by the respondent caused mass mortality in his rabbit herd.
The trial judge had preferred the evidence of the respondent's expert over the appellant's expert regarding the sensitivity of rabbits to mycotoxins.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment and weighing of the expert evidence.
