The appellant appealed a Small Claims Court decision finding him liable for $10,000 for the negligent installation of ceramic tiles in the respondent's home.
The appellant argued the trial judge made erroneous findings of fact regarding the visibility of floor joists and the cause of the cracking tiles.
The Divisional Court dismissed the appeal, holding that the trial judge's finding that the appellant breached his duty to discuss the adequacy of the floor joists with the homeowner was supported by the evidence and not clearly wrong.