The appellant hospital appealed a trial judgment dismissing its claim for water damage caused by a roof leak.
The trial judge had concluded that the precise location of the leak could not be determined with certainty, and thus the appellant failed to meet its burden of proving the respondent was responsible.
On appeal, the appellant argued the trial judge ignored viva voce evidence and improperly relied on hearsay documents and expert reports.
The Court of Appeal dismissed the appeal, finding no palpable error to justify intervention.
