The appellants appealed a trial decision dismissing their claim regarding two leased trucks and granting the respondents' counterclaim.
The appellants argued the trial judge made a palpable and overriding error in finding there was a sticker on the passenger side door of the truck.
The Divisional Court dismissed the appeal, holding that the appellants could not raise a new factual argument on appeal that was not put to witnesses or argued at trial.
The court found no palpable and overriding error, as the trial judge's findings were supported by the evidence.
Costs of $2,500 were awarded to the respondents.
