The appellant challenged a trial decision arising from a commercial contract dispute involving nonpayment and an asserted oppression remedy.
The Court of Appeal held that the appellant failed the Cognos test because it was unreasonable to proceed with a contract of over $200,000 without payment protection beyond a lien claim and to continue working without questioning nonpayment.
The court also noted that the appellant did not seek to overcome the trial judge's credibility findings relating to the guarantee issue.
The appeal was dismissed with costs.
