The appellant challenged a trial judgment arising from a commercial lease dispute, arguing that a ventilation covenant breach was sufficiently serious to justify rescission.
The court held that any alleged factual or legal errors in the trial judge's oral commentary did not undermine the ultimate finding that the breach was not fundamental.
The panel deferred to the trial judge's assessment of the evidence and witnesses.
A further argument seeking reduction of damages for the breach was rejected because it had not been pleaded or argued below and lacked substance in light of the trial judge's findings.
The appeal was dismissed with costs.
