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.
