The appellant, Econo Petroleum Inc., appealed a Small Claims Court decision ordering it to pay unpaid commissions to 2081430 Ontario Inc. and to return a security deposit to Vladimir Gorbatchevski.
The Divisional Court dismissed the appeal, finding that the trial judge made no palpable and overriding errors in concluding that an informal agreement existed for the payment of commissions, that no set-off damages were owed for lack of notice of termination, and that Econo was responsible for returning the security deposit.
Costs were awarded to the respondents.