Background:

• Incident: Plaintiffs experienced two water ingress events in 2018 and 2019, leading to insurance claims.
• Claims: Plaintiffs sought compensation for a roof replacement and other damages based on information from TD Insurance.
• Initial Decision: Summary judgment awarded $10,000 to the Plaintiffs for roof replacement; other claims dismissed.

Appeal:

• Appellant: TD Insurance appealed the $10,000 summary judgment decision.
• Scope of Appeal: Only the roof replacement judgment was contested.

Key Issues:

1. Negligent Misrepresentation:
   • Plaintiffs' Position: Claimed they replaced the roof based on TD’s advice, which was unnecessary and led to financial loss.
   • Court's Analysis:
     • Duty of Care: Affirmed due to the special relationship between insurer and insured.
     • Representation Accuracy: No clear evidence that TD’s recommendation was false or misleading.
     • Negligence: Lack of expert evidence on the standard of care precluded a summary judgment.
     • Reliance: Plaintiffs’ reliance on TD’s advice was reasonable.
     • Detriment: Plaintiffs acted on TD's advice and incurred costs for roof replacement.

Court's Conclusion:

• Standard of Review: Correctness.
• Evidence: No new evidence submitted; reviewed on the record.
• Negligence Claim: Plaintiffs failed to provide necessary expert evidence to establish that TD acted negligently.
• Appeal Outcome: The appeal was granted, overturning the $10,000 summary judgment.
• Further Proceedings: Plaintiffs can continue litigation for their $15,000 roof repair claim.

Costs:

• Both parties to bear their own costs for the appeal.