The appellants appealed a Small Claims Court judgment finding misrepresentation regarding lighting services provided to the respondent.
The trial judge had found the individual appellant personally liable because the corporate appellant was dissolved.
The Divisional Court dismissed the appeal regarding liability, finding no palpable and overriding error.
However, the court allowed the appeal regarding the proper defendant, holding that an action can be maintained against a dissolved corporation and there was no evidence the individual appellant was a party to the contract in his personal capacity.
Judgment was entered against the corporate defendant instead.
