The appellant appealed a Small Claims Court judgment that dismissed its action for the return of a deposit and granted the respondent's defendant's claim for $25,000 in lost profits.
The dispute arose from a contract for the design and construction of a steel building.
The appellant argued that no contract was formed, that it did not breach the contract, and that the trial judge erred in awarding damages and failing to consider evidence.
The Divisional Court applied the palpable and overriding error standard of review and found that the trial judge's conclusions were reasonably supported by the evidence.
The appeal was dismissed with costs fixed at $6,000.
