The appellant hired the respondent to install a custom muffler.
When picking up the vehicle, the respondent advised of an oil leak but assured the appellant it was safe to drive.
The vehicle's engine was subsequently destroyed.
The Small Claims Court found the respondent negligent but reduced the appellant's damages by 50% for contributory negligence.
On appeal, the Divisional Court reversed the contributory negligence finding, holding that the appellant reasonably relied on the respondent's assurances.
The court awarded full damages and fixed trial and appeal costs.
