Law360 Canada ( September 22, 2016, 8:00 PM EDT) -- Appeal by the plaintiffs from trial judgment dismissing their action for breach of contract and negligence. The respondent roofing contractor had been retained by the appellants to inspect and maintain their home’s roof. The appellants alleged that as a result of the defendant’s faulty work and failure to warn them of the deteriorating condition of the roof, substantial water damage was caused to their home. Expert evidence adduced by the appellants at trial indicated that the cause of the leaks was the scuppers on the roof and that defendant failed to perform proper repair of the scuppers. The defendant’s expert testified that the deterioration was directly related to a failed vapour barrier and insulation, rather than issues related to the roof. The trial judge discounted the expert reports. He accepted the defendant’s evidence that the windows, and not the roof, were the cause of the water penetration through the walls of the home, as demonstrated by a seal test performed by the defendant for the original owners and prior to the plaintiffs taking possession of the home. He found there was no negligent misrepresentation, as the poor design and original construction of the roof, including faulty installation of the vapour barrier and insulation material, could not have been known to the defendant. The judge concluded the plaintiffs had suffered no loss caused by the negligence or breach of contract of the defendant over and above the amounts which had been reimbursed by insurance....