The appellant appealed a Small Claims Court judgment dismissing his claim and allowing the respondent's counterclaim for $4,780.00 arising from a partnership dispute over a commercial lease.
The Divisional Court upheld the trial judge's findings on credibility and abandonment of the partnership, but found errors in the calculation of damages on the counterclaim, including amounts not yet paid and expenses incurred after the appellant was locked out.
The appeal was allowed in part, and the judgment on the counterclaim was reduced to $1,365.00.
