The appellants appealed a trial judgment finding them personally liable for an unpaid restaurant account for food services provided to them, their family, and business associates.
At trial, the appellants argued that a corporation (SLM) was solely responsible, which the trial judge rejected.
On appeal, they attempted to argue they were only liable for meals when they were present.
The Court of Appeal dismissed the appeal, holding that the trial judge made no error and that the appellants could not shift their legal position on appeal, especially since it would require a reference to develop new evidence.
Costs of $8,803.43 were awarded to the respondent.