The appellants appealed a Small Claims Court judgment finding them liable for breach of contract and fraudulent misrepresentation arising from the sale of a restaurant.
The trial judge found the individual appellant knowingly misrepresented the amount of TMI rent to the respondents, entitling them to terminate the agreement and recover their deposit and expenses.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusions.
The court also rejected arguments that an entire agreement clause precluded the misrepresentation claim and upheld the award of punitive damages.
