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Small Claims Court appeal dismissed; no palpable and overriding error in trial judge's credibility findings.
The appellant appealed a Small Claims Court judgment dismissing his claim for $14,000 against a law firm.
The appellant alleged the money was a retainer for unprovided services, while the law firm maintained $9,000 was received for rent owed by a sub-tenant, who corroborated this account.
The Divisional Court dismissed the appellant's motion to introduce fresh evidence and dismissed the appeal, finding no palpable and overriding error in the trial judge's credibility assessments.
Costs of $2,000 were awarded to the respondents.
