The appellant appealed a Small Claims Court decision dismissing its claim for damages for breach of contract regarding a water filtration system rental.
The trial judge had found that the five-year term was not explained to the respondent, the system was defective, and the appellant breached the payment terms.
The Divisional Court allowed the appeal, finding the trial judge made palpable and overriding errors by ignoring evidence that the term was in the contract and explained, ignoring evidence that the defect was fixed, and mischaracterizing an accounting error as a fundamental breach.
Judgment was entered for the appellant.
