The appellants appealed the dismissal of four Small Claims Court actions regarding towing and storage liens under the Repair and Storage Liens Act.
The deputy judge had dismissed the actions mid-trial on a nonsuit motion, finding the wrong parties were named.
The Divisional Court allowed the appeal, finding the deputy judge made palpable and overriding errors regarding the proper parties and erred in law by granting a nonsuit motion before the plaintiffs had completed their case and without putting the defendants to an election.
A new trial was ordered.
