The appellant purchaser appealed a Small Claims Court judgment awarding the respondent vendor $6,000 in damages for an aborted real estate transaction and dismissing the appellant's third-party claim against her real estate agents.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's credibility findings or assessment of damages.
The court also held that the appellant could not rely on her own failure to pay the deposit to argue the agreement was null and void.