The appellant university appealed a trial judgment finding it liable for negligent misrepresentation regarding the transferability of its engineering program credits.
The trial judge found that the university's promotional materials misleadingly suggested that transferring to another university after two years would be routine.
The Court of Appeal dismissed the appeal on liability, finding no basis to interfere with the trial judge's factual findings that the representations were misleading, negligently made, and reasonably relied upon by the respondent.
The court also upheld the finding that the respondent acted reasonably to mitigate his damages.
Leave to appeal costs was granted on consent to delete specific paragraphs from the trial judgment.