The insurer took the position that the insured’s predominant injury was a minor injury as defined in s. 3 of the Statutory Accident Benefits Schedule (“SABS”), so that he was entitled to claim a maximum of $3,500 in medical and rehabilitation benefits pursuant to s. 18(1) of SABS and would not be entitled to claim for attendant care benefits pursuant to s. 14. The parties applied for arbitration. As a preliminary issue, the insurer brought a motion for an order that the insured was suffering from minor injuries and was therefore limited in the benefits he could claim. The arbitrator determined that the insured did not fall under the Minor Injury Guideline — Superintendent’s Guideline No. 2/10 and was entitled to medical and rehabilitation benefits beyond the maximum prescribed in s. 18 of the SABS. The director’s delegate allowed the insurer’s appeal. The insured brought an application for judicial review of that decision.
The parties entered into an agreement of purchase and sale which contained an “entire agreement” clause. Before the transaction closed, the defendant vendors completed a seller property information statement (“SPIS”) in which they stated that the property was not subject to flooding and undertook to inform the plaintiff purchasers of any important changes to the information contained in the SPIS. The defendants failed to inform the plaintiffs of a pre-closing basement flood. After the closing, the basement flooded again, and the plaintiffs found out about the earlier flood. They sued the defendants for damages for negligent misrepresentation. The trial judge found that the entire agreement clause in the agreement of purchase and sale acted as a bar to the action. The Divisional Court allowed the plaintiffs’ appeal. The defendants appealed.