Michelle Flaherty

The appellants appealed paragraph 4(d) of an order made by the Superior Court of Justice.

The Court of Appeal dismissed the appeal on the issue of jurisdiction, finding that the order was not made under section 102 of the Courts of Justice Act.

Costs were fixed at $7,000 all inclusive.

The appellant appealed a trial judgment dismissing its action for payment for installing a subsurface drainage system and awarding damages on the respondent's counterclaim for crop losses due to improper drainage.

The trial judge found the system inadequate due to soil conditions, the filter used, and installation in wet conditions.

The Court of Appeal dismissed the appeal, finding no palpable error in the trial judge's factual findings.

The Court also upheld the damages award, noting the limitation of liability clause was not incorporated into the agreement or pleaded.