The appellant appealed a Small Claims Court judgment awarding the respondent $2,922 for painting and plastering work performed at the appellant's apartment buildings.
The appellant argued the work was unauthorized and there was no evidence it was completed.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual conclusion that the work was done.
The court upheld the trial judge's decision to award compensation on a quantum meruit basis, noting it would be inappropriate for the appellant to benefit from the work without paying for it.
