The appellant appealed a Small Claims Court decision dismissing his $25,000 claim for damages arising from a condominium water leak.
At trial, the appellant attempted to introduce a new expert report on mould on the final day of trial, which the trial judge refused to admit due to late notice and unfairness to the respondents.
The Divisional Court dismissed the appeal, finding that the trial judge's discretionary decision to exclude the late evidence under Rule 18.02(1) was not clearly wrong and did not amount to an injustice.
Furthermore, the trial judge correctly found that the appellant had sued the wrong parties.
