The appellant appealed a Small Claims Court judgment awarding him $750 for a defective roof installation.
He argued the trial judge erred by allowing a representative of the shingle manufacturer to give opinion evidence without filing an expert report or being formally qualified as an expert.
The Divisional Court held that Small Claims Court judges have discretion under section 27 of the Courts of Justice Act to admit opinion evidence without a prior report.
However, the Court found the trial judge made a palpable and overriding error by discounting the witness's $2,000 repair estimate by 75%.
The appeal was allowed in part, and damages were increased to $2,250.
