Jordan E. Duplessis

The appellant, Smartech Installations, successfully appealed a trial judgment obtained by the respondent, Yvan Rolland Pilon, resulting in an order for a new trial.

The appellant sought partial indemnity costs for the appeal.

The court noted that the respondent had refused a substantial settlement offer during the appeal hearing.

Applying section 131(1) of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court awarded the appellant partial indemnity costs fixed at $5,122.55.

The appellant, a contest sponsor, appealed a Small Claims Court decision awarding the respondent $25,000 for an uncollected radio contest prize.

The trial judge found a contract existed between the sponsor and the winner but provided no analysis to support this conclusion.

The Divisional Court held that the trial judge erred in law by failing to articulate a legal basis for finding a contract, which prevented meaningful appellate review.

The appeal was allowed, the trial decision was set aside, and a new trial was ordered.