The appellants appealed a Small Claims Court judgment finding them liable for failing to complete grading and drainage repairs in a good and workmanlike manner prior to the closing of a residential real estate transaction.
The Divisional Court upheld the trial judge's finding on liability, noting that the basement flooded after the repairs were purportedly completed, allowing for an inference of poor workmanship under the doctrine of res ipsa loquitur.
However, the court found that the trial judge erred in assessing damages without providing reasons for accepting a specific quote that included work beyond the scope of the required repairs.
The appeal was allowed in part, and a new trial was ordered solely on the issue of damages.
