The appellant appealed a Small Claims Court decision dismissing its claim for $20,000 in liquidated damages for the alleged breach of a non-export clause in a vehicle sales agreement.
The trial judge found the appellant failed to prove on a balance of probabilities that the vehicle had been exported.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the evidence, including his decision to give little weight to an untested written statement from the manufacturer.
