The appellants appealed the dismissal of their action for damages following a truck fire, asserting claims for breach of contract (failure to provide first-party insurance) and negligent misrepresentation (regarding insurance coverage).
The Court of Appeal dismissed the breach of contract claim, affirming the trial judge's interpretation that the respondent was only obligated to make existing insurance available, not to secure full coverage.
However, the Court allowed the appeal on the negligent misrepresentation claim, finding the trial judge erred in legal principle by not making a definitive factual finding on whether the representation was made and by misapplying the elements of the negligent misrepresentation test.
A new trial was ordered solely for the negligent misrepresentation claim.
