Murdoch R. Martyn

The appellants appealed a Small Claims Court decision granting judgment to the respondent for unpaid meat deliveries.

The trial judge preferred the respondent's evidence, finding that the individual appellant caused her corporations to issue cheques without adequate funds and personally guaranteed payment.

On appeal, the Divisional Court found no palpable and overriding error in the trial judge's credibility assessments or factual findings.

The court also upheld the finding of personal liability against the corporate director.

The appeal was dismissed with costs awarded on a substantial indemnity basis.

The appellant client appealed an order quashing a registrar's order for the assessment of solicitor's accounts rendered by the respondent law firm.

The motion judge had held that section 3 of the Solicitors Act required all bills, whether interim or final, to be assessed within one month of delivery.

The Court of Appeal allowed the appeal, finding that section 3 applies only to final bills, and the evidence showed the accounts in question were interim accounts.

The registrar's order for assessment was restored.