The appellant appealed a trial judgment awarding the respondent $83,500 in damages for breach of contract and conversion, and $50,000 in punitive damages for breach of fiduciary duty arising from an agreement to promote and sell the respondent's paintings.
The Court of Appeal dismissed the appeal regarding bias, commission credits, and the quantum of punitive damages, finding the trial judge's conclusions well-supported by the evidence.
The Court allowed the appeal only to set aside pre-judgment interest on the punitive damages and to clarify that the respondent's priority to fire insurance proceeds applied only to those directly related to the destroyed paintings.
