The appellants (homeowners) appealed a trial decision that found them liable for breach of an oral renovation contract and dismissed their claims against the builder and the City of Hamilton.
The Court of Appeal dismissed the appeal, upholding the trial judge's findings regarding the oral contract, the standard of construction, the interpretation of allowances, the homeowners' breach of contract, and the builder's compliance.
The appellate court deferred to the trial judge's credibility findings, particularly concerning expert evidence, and his assessment of damages, finding no palpable and overriding error.
