The appellant, MA Fire & Safety Protection, appealed a Small Claims Court decision dismissing its claim for unpaid services and granting the respondent temple's claim for $12,500 against Ayube Mohamed personally.
The dispute arose from a contract to install a fire suppression and commercial kitchen exhaust system.
The trial judge found the appellant fundamentally breached the contract by installing an inadequate electrical heater instead of a gas one and failing to ensure sufficient space for required 3M wrap.
The Divisional Court dismissed the appeal, finding no palpable and overriding error of fact or error of law, and rejected arguments regarding quantum meruit and mutual mistake.
