The appellants appealed a Small Claims Court decision dismissing their motion to set aside a default judgment.
They argued the Deputy Judge erred by failing to inquire into the competence of their unlicensed agent under s. 26 of the Courts of Justice Act, and that they received ineffective assistance.
The Divisional Court dismissed the appeal, finding no duty on a Deputy Judge to conduct such an inquiry absent proper grounds, which were not present here.
The court also noted the appellants failed to give notice of the appeal to the agent, precluding the ineffective assistance argument.
