Matt Todd

The appellant appealed a trial judgment finding it owed the respondent $22,987.50 based on unpaid invoices.

The appellant conceded the amount was owed and did not appeal the dismissal of its counterclaim.

The Court of Appeal held that while there was uncontradicted evidence a certified cheque was tendered, this did not undermine the conclusion that the full amount was owing based on the invoices.

The appeal was dismissed with costs.

The appellant appealed a trial judgment regarding a contract dispute over manufacturing work.

The Court of Appeal found that the trial judge's findings of fact were inconsistent with his legal conclusions.

Specifically, the trial judge found that the respondent failed to complete work in a timely manner, which constituted a breach of contract, entitling the appellant to damages subject to mitigation.

The Court of Appeal varied the trial judgment to award the appellant damages for the cost of new tools and laser cut parts, while upholding the award to the respondent for compression costs.