Bradley Stone

The appellant appealed a Small Claims Court decision awarding the respondent $6,000 in damages and $1,000 in costs for a breach of contract regarding motor vehicle repairs.

The appellant argued that the trial judge erred by rendering a decision without receiving the appellant's written submissions.

The Divisional Court dismissed the appeal, finding that the appellant had a reasonable time (six months) to submit written arguments but failed to do so, and therefore was not denied a substantive right.

The court also upheld the damages and costs awards, finding ample evidence to support the trial judge's conclusions and no substantial wrong or miscarriage of justice.

The appellants appealed the decision of the Court of Revision and the engineer's report regarding the Lewis and Maple Avenue South Drains.

The Tribunal confirmed the assessments for the Lewis Drain as modified by the Court of Revision.

For the Maple Avenue South Drain, the Tribunal found the work was required but modified the assessment schedule to reflect that the major factor contributing to the need for the work was the construction of berms by one of the appellants, assessing a special benefit to that owner.