The appellants, Sandeep Singh and 9660143 Canada Inc., appealed an order dismissing their third-party claim against The Nationwide Groups Ltd. The third-party claim alleged that Nationwide's appraisal undervalued a property, leading to a failed real estate transaction.
The Court of Appeal upheld the motion judge's decision, finding that Nationwide did not owe the appellants a duty of care.
The court reasoned that there was no special relationship of proximity between Nationwide and the appellants, as Nationwide was retained by the buyer's lender, and the appellants did not plead reliance on Nationwide's appraisal.
The appeal was dismissed.