Amaranth V. Misir

The appellant appealed a Small Claims Court decision dismissing his claim for the return of $25,000 he alleged was misappropriated by the respondents.

The trial judge found the action was statute-barred under the Limitations Act and that there was no evidence of fraud to extend the limitation period.

The Divisional Court dismissed the appeal, finding the trial judge made no palpable and overriding error in his factual findings regarding discoverability and the absence of fraud.

The moving party sought leave to appeal a $7,500 costs order made against him following a motion to change child support.

The moving party argued the motion judge failed to consider proportionality, his ability to pay, and wasted expenditures.

The Divisional Court dismissed the motion for leave, finding no error in principle or misapprehension of facts by the motion judge, and awarded $750 in costs to the responding party.