The appellant, a former paralegal, appealed a Small Claims Court decision finding he misappropriated $30,000 in client trust funds and breached his fiduciary duty to the respondent.
The trial judge awarded the respondent $25,000 in damages and dismissed the appellant's counterclaim for unpaid invoices.
On appeal, the appellant argued the trial judge made factual errors regarding the purpose of the funds, unfairly restricted cross-examination, and failed to assess his accounts on a quantum meruit basis.
The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the trial judge's factual findings and no denial of a fair hearing.
