The appellants (defendants) appealed a Small Claims Court judgment finding them liable for negligence and fundamental breach of contract regarding a roof installation.
The trial judge found the appellants failed to follow manufacturer specifications for high wind areas, voiding the 30-year warranty, and rejected their reliance on an 'act of God' exclusionary clause for wind damage.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or application of the law.
