The appellant appealed the dismissal of its action against the respondent.
The trial judge found no breach of contract, as the appellant purchased the property on an 'as is where is' basis and the respondent fulfilled his obligation to deliver two reports without promising the property was contamination-free.
The trial judge also found no negligent misrepresentation, as there was no duty of care owed.
The Court of Appeal agreed with the trial judge's conclusions and dismissed the appeal.