K.B. Phillips J.

The appellant appealed a Small Claims Court trial judgment dismissing her action against the respondent for trespass.

Prior to trial, a settlement had been reached and the respondent paid the appellant $18,000.

The settlement was later vacated by court order, which required the appellant to return the $18,000 before proceeding to trial.

The appellant proceeded to trial without repaying the funds and subsequently appealed the trial decision.

The Divisional Court stayed the appeal, ordering that the stay would become permanent if the appellant failed to repay the $18,000 within 30 days, citing the need to enforce compliance with court orders.

The appellant appealed a Small Claims Court decision dismissing its claims for fraud and conspiracy against a former employee and a supplier.

The employee had arranged for the supplier to provide gifts to employees in lieu of overtime pay, using falsified invoices to conceal the purchases from the corporate parent.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusions that the company suffered no actual damage and that the defendants lacked the requisite intent to cause harm.

The court also rejected the appellant's argument that the trial judge's comments during the hearing created a reasonable apprehension of bias.