The appellant appealed a Small Claims Court judgment awarding the respondent $10,000 for damages to chattels, punitive damages, and lost wages arising from a failed tenancy and wrongful detention of goods.
The Divisional Court dismissed most grounds of appeal, finding the trial judge made no palpable and overriding errors in assessing credibility, evidence, or mitigation.
However, the court allowed the appeal regarding punitive damages, finding the trial judge failed to apply the proper test requiring harsh, vindictive, reprehensible, and malicious conduct.
The total award was reduced to $9,600.
