The appellant appealed a trial judgment awarding the respondent damages for breach of an equipment rental contract.
The appellant argued the trial judge erred in calculating the hours the respondent would have worked and in failing to credit a prior payment.
The Court of Appeal found no palpable or overriding error in the trial judge's finding of 1000 hours of work, as it was supported by evidence including time cards and witness testimony.
However, the Court agreed the trial judge erred by not crediting a $2,990 payment made for preparation work.
The judgment was varied downward to correct this and a minor arithmetical error, but the appeal was otherwise dismissed.
