?  Background:

• Gordon Aylward purchased a used Audi from Terra Nova Motors for approximately $20,000.
• The vehicle, sold with a 150-point inspection and a 30-day/5,000 km warranty, experienced clutch failure shortly after purchase.
• Aylward claimed that he was misled by the dealership’s representations, particularly regarding the warranty, and alleged negligent and fraudulent misrepresentation.

?  Trial Court Findings:

• The trial judge found no evidence of negligent or fraudulent misrepresentation by the dealership.
• The vehicle’s clutch failure was attributed to "riding the clutch," not a pre-existing defect known to the dealership.
• The trial judge emphasized the principle of caveat emptor (buyer beware) and noted that Aylward did not seek an independent inspection of the vehicle before purchase.
• Aylward's claim was dismissed.

?  Appeal Issues:

• Aylward raised several issues on appeal, including alleged errors by the trial judge related to exclusion clauses, the handling of subpoenas, and the admission of opinion evidence.
• The appellate court reviewed these issues under the standards set out in Housen v. Nikolaisen, which limits appellate interference unless there is a palpable and overriding error.

?  Appellate Decision:

• Justice Khaladkar found no reversible errors in the trial judge's decision.
• The trial judge correctly applied the law regarding misrepresentation and did not err in his findings of fact or in procedural matters related to subpoenas.
• The appeal was dismissed, and costs were awarded to the Respondent.
• The exact monetary amount of the costs is not specified in the judgment provided.