The appellants appealed a trial decision dismissing their claim for damages arising from the negligent design of their home's HVAC system.
The trial judge found the defendants negligent but dismissed the claim because damages and causation were not proven.
The Divisional Court quashed the appeal, finding it lacked jurisdiction under s. 19(1.1) of the Courts of Justice Act because the claim dismissed was for more than $25,000, and a dismissal for unproven damages is not equivalent to an 'award' of zero under s. 19(1.1)(d).
In the alternative, the court held it would have dismissed the appeal on the merits as the trial judge made no palpable and overriding errors.
