The appellant appealed a Small Claims Court decision dismissing its claims for fraud and conspiracy against a former employee and a supplier.
The employee had arranged for the supplier to provide gifts to employees in lieu of overtime pay, using falsified invoices to conceal the purchases from the corporate parent.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusions that the company suffered no actual damage and that the defendants lacked the requisite intent to cause harm.
The court also rejected the appellant's argument that the trial judge's comments during the hearing created a reasonable apprehension of bias.
