The City of Hamilton appealed a trial judgment regarding a sewer contract dispute.
The Court of Appeal found that the trial judge failed to address the principal issue of the effect of exclusion clauses on the contractor's bid, given the timing of a representation made by the City's project engineer.
The Court also found the trial judge erred in awarding solicitor/client costs without hearing submissions.
The appeal was allowed, the judgment was set aside, and a new trial was ordered.