The moving party sought an extension of time and leave to appeal a Divisional Court decision that upheld a Small Claims Court judgment awarding the responding party damages for breach of warranty regarding swimming pool equipment.
The moving party argued the Divisional Court applied a lesser standard of review to the adequacy of the Small Claims Court judge's reasons.
The Court of Appeal dismissed the motion, finding that the Divisional Court correctly applied the functional approach to the adequacy of reasons and that the proposed appeal lacked merit.
