The appellant appealed the dismissal of her claim for unpaid commissions.
The trial judge had dismissed the claim, finding the contract was with the appellant's numbered company and the limitation period had expired.
The Divisional Court found the trial judge erred in making these findings without hearing evidence.
However, the appeal was dismissed because the appellant had previously initiated the same claim through her company more than two years before issuing the current claim, meaning the action was clearly statute-barred.