James Chester

The appellant appealed a Small Claims Court judgment ordering him to pay $5,814.40 in interest and $5,246.50 in costs on a personal loan.

The Divisional Court found the trial judge made a palpable and overriding error by awarding compound interest at 24% per annum on an outstanding interest balance of $1,840, as there was no evidence of an agreement for compound interest.

The court also set aside the trial costs award, noting the respondent's limited success and conduct that lengthened the proceeding.

The appeal was allowed in part, reducing the judgment to $1,840 plus post-judgment interest.

The appellant, a listing real estate broker, appealed a Small Claims Court decision finding he was unjustly enriched and ordering him to share a commission with the respondent, a co-operating brokerage.

The respondent's agent had introduced the buyers to the property but failed to obtain a signed Buyer Representation Agreement.

The buyers subsequently approached the appellant directly, stated they were unrepresented, and signed a Buyer Representation Agreement with him.

The Divisional Court allowed the appeal, finding the appellant performed the work of a co-operating broker and had a valid juristic reason to retain the full commission.

The trial judgment was set aside and the action dismissed.