The appellant appealed a trial decision dismissing its action and allowing the respondents' counterclaim for rescission of an agreement for the removal of sand and gravel from the respondents' property.
The trial judge rescinded the agreement on the basis of unconscionability, noting the unequal bargaining power, lack of independent legal advice, and the fact that the unilingual francophone respondents were presented with an English agreement containing overreaching terms.
The Court of Appeal found no error in the trial judge's credibility findings, his rejection of the laches defence, or his award of $4,000 for unjust enrichment.
The appeal was dismissed.
