The appellants appealed a trial judgment regarding a construction dispute, challenging the trial judge's assessment of a quantum meruit claim, the failure to award damages for delay, and the costs award.
The Court of Appeal dismissed the appeal, finding that the trial judge's assessment of reasonable labour and findings regarding delay were supported by the evidence and entitled to deference.
The court also declined to interfere with the discretionary costs award, fixing costs of the appeal at $15,000.