Small Claims Court appeal dismissed; failure to submit written arguments within a reasonable time did not warrant a new trial.
The appellant appealed a Small Claims Court decision awarding the respondent $6,000 in damages and $1,000 in costs for a breach of contract regarding motor vehicle repairs.
The appellant argued that the trial judge erred by rendering a decision without receiving the appellant's written submissions.
The Divisional Court dismissed the appeal, finding that the appellant had a reasonable time (six months) to submit written arguments but failed to do so, and therefore was not denied a substantive right.
The court also upheld the damages and costs awards, finding ample evidence to support the trial judge's conclusions and no substantial wrong or miscarriage of justice.
Richard James Mitchell v. Brian Noakes, c.o.b. as B & N Automotive, 2003 ONSCDC 17963
