The appellants appealed a Small Claims Court decision dismissing their claims for the return of funds advanced to the respondent Society.
The trial judge had found the funds were donations, not loans.
The Divisional Court allowed the appeal and ordered a new trial, finding the trial judge made multiple errors of law and fact, including failing to apply the law of spoliation regarding missing corporate records, improperly admitting late expert handwriting evidence without an adjournment, refusing to hold a voir dire for reply evidence, and failing to act as a gatekeeper for opinion evidence.
