Tomas V. Ozere

The appellants, a tree harvesting company and its principal, sued the respondent pulp and paper company for negligent misrepresentation and breach of contract after suffering financial ruin following the mechanization of their operations.

A jury found in favour of the appellants, awarding substantial damages.

However, the trial judge subsequently granted the respondent's reserved motion for non-suit on the negligent misrepresentation claim.

The Court of Appeal allowed the appeal, finding that the trial judge erred in granting the non-suit by weighing the evidence rather than determining if a prima facie case existed.

The Court reinstated the jury's verdict and dismissed the respondent's cross-appeal, holding that the jury's findings were supported by the evidence.

The appellants, tree harvesters, sued the respondent forestry company for negligent misrepresentation and breach of contract, alleging they relied on the respondent's assurances when incurring significant debt to mechanize their operations.

A jury found in favour of the appellants and awarded damages.

However, the trial judge subsequently granted the respondent's reserved motion for non-suit, dismissing the negligent misrepresentation claim.

The Court of Appeal allowed the appeal, finding the trial judge erred by weighing the evidence rather than assessing if a prima facie case existed.

The Court set aside the non-suit, dismissed the respondent's cross-appeal challenging the jury verdict, and restored the jury's damages award.