Appeal dismissed as trial judge's minor misapprehensions of evidence were not material to the outcome.
The appellant appealed a trial judgment that dismissed both the claim and counterclaim because the trial judge could not determine where the truth lay.
The trial judge noted the absence of critical documentation and witnesses.
The Court of Appeal dismissed the appeal, finding that any misapprehension of evidence by the trial judge was not material to the outcome.
OCACourt of AppealJan 28, 2010
