The appellants appealed a trial judgment finding them liable for fraudulent misrepresentation regarding a leaky basement in a home they sold to the respondents.
The Court of Appeal upheld the finding of fraudulent misrepresentation concerning the history of leaks but found the trial judge erred in finding an implied representation regarding construction plans.
Consequently, the court reduced the damages award to exclude repair costs unrelated to the specific misrepresentation established, lowering the award by $22,157.58 to $48,040.62.
