The appellant appealed a Small Claims Court decision regarding the purchase of a coin collection, arguing it was a sale by description and that some coins were counterfeit.
The Divisional Court dismissed the appeal on the merits, finding the contract was for specific goods that the appellant had ample opportunity to examine, thus caveat emptor applied.
However, the court allowed the appeal regarding costs, varying the trial costs award to the $1,500 maximum permitted under s. 29 of the Courts of Justice Act.
