The appellant appealed a Small Claims Court judgment awarding the respondents damages for goods damaged during a move using a rented truck.
The Divisional Court upheld the finding of liability and the sufficiency of evidence for the damages.
However, the court found the trial judge erred by failing to account for depreciation of the damaged items and by awarding the cost of the truck rental and mileage, which amounted to unjust enrichment.
The damages award was reduced accordingly.
