The appellant appealed a Small Claims Court judgment awarding him $127.97 for an overcharge on a vehicle maintenance package, arguing the trial judge should have found the overcharge was deliberate and awarded punitive damages.
The Divisional Court dismissed the appeal, finding it was commenced well beyond the 30-day deadline and the appellant did not meet the test for an extension of time.
Furthermore, the court found no palpable and overriding error in the trial judge's factual finding that the overcharge was an unintentional error.
