The appellant appealed from a motion judge's order dismissing his claim against the respondent regarding unauthorized charges to his credit card.
The Court of Appeal found no basis to interfere with the motion judge's decision.
The court noted that while the respondent's first affidavit contained inaccuracies regarding credit agency collections, these were corrected in a second affidavit before the motion judge.
The appellant failed to adduce evidence regarding two new charges he raised at the initial return of the motion, despite the motion judge adjourning to permit him to do so.
The court also found no error in the motion judge's cost order and dismissed the appeal with costs awarded to the respondent.
