The appellant appealed a trial judgment awarding the respondents $100,000 in general damages and $75,000 in punitive damages arising from the sale of a farm property.
The Court of Appeal set aside both awards, finding that punitive damages were neither pleaded nor sought, and the general damages for harassment and mental distress were unpleaded and unsupported by expert medical evidence or adequate reasons.
The trial costs award was upheld, and the appellant was awarded costs of the appeal.
