The appellants appealed a trial judgment, arguing the trial judge made a palpable and overriding error by failing to reconcile the lack of documentary evidence supporting the respondent's claim for sweat equity.
The Court of Appeal dismissed the appeal, finding that the case turned on credibility and the trial judge was entitled to accept the respondent's evidence.
Applying the standard of review from Housen, the court found no palpable and overriding error in the trial judge's assessment.
