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The Court of Appeal dismissed the roofing contractor's appeal, upholding the trial judge's reliance on the plaintiff's expert engineer.
The appellant, Belmar Roofing Inc., appealed a trial judgment finding them liable for breach of contract and negligence for a defective roof installation.
The appeal primarily challenged the trial judge's reliance on the respondent's engineer's expert evidence, which the appellant argued was contradicted by a draft report and exaggerated the roof's danger.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's acceptance of the engineer's testimony, as the engineer adequately explained the omission in the final report and maintained his opinion on the roof's hazards.
The court found ample evidence to support the trial judge's conclusions and no basis to interfere with the damages assessment.
Jointly owned home ordered sold with partial disbursement of proceeds to both parties pending trial.
The applicant brought a motion for the immediate partition and sale of a home jointly owned by the unmarried parties, and requested that the proceeds be held in trust pending trial.
The respondent opposed an immediate sale, seeking to delay closing until the end of the school year and requesting an immediate 50% disbursement of the proceeds.
The court found that the respondent failed to establish sufficient reason to refuse the sale, noting the applicant's unsustainable carrying costs.
The court ordered the property to be listed for sale with a closing date no sooner than January 31, 2023, and directed that $150,000 be disbursed to each party from the net proceeds, with the remainder paid into court.
