The appellant law firm appealed a Small Claims Court decision awarding $4,700 to the respondent marketing agency for breach of contract.
The trial judge found the appellant terminated the marketing services agreement without providing the required 30 days' notice.
On appeal, the appellant argued the contract was formed via email without a termination clause and alleged a denial of procedural fairness during closing submissions.
The Divisional Court dismissed the appeal, finding it was open to the trial judge to conclude the written contract sent later governed the relationship and that no procedural fairness breach occurred.
