Cameron J.

The appellant bailiff appealed a trial judgment finding him liable for selling the respondent's tools and materials without notice under the Repair and Storage Liens Act after locking the respondent out of commercial premises for rent arrears.

The respondent cross-appealed, seeking damages based on full replacement cost rather than actual value.

The Divisional Court dismissed both the appeal and cross-appeal, finding no palpable and overriding error in the trial judge's findings on liability, the measure of damages, or the determination that the claim was not statute-barred.

The appellant appealed a Master's decision refusing a proposed amendment to pleadings.

The Divisional Court dismissed the appeal, agreeing with the Master that it was plain and obvious the facts could not support a finding of fiduciary duty, as the hallmarks of a fiduciary relationship were not present.

Costs of $10,000 were awarded to the respondents.