Nicholas Derzko

The appellants appealed a trial judgment that awarded them damages against two respondents for a serious assault but dismissed the action against several other respondents.

The appellants challenged the trial judge's findings of fact regarding the involvement of certain respondents, the assessment of damages, the refusal to award punitive damages, and the refusal to make a Bullock or Sanderson order for costs.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's findings of fact and holding that the damages and costs awards were within the trial judge's discretion.

The appellants appealed the trial judge's finding of conversion and award of damages regarding the sale of appliances.

The Court of Appeal allowed the appeal in part, setting aside the finding of personal liability against Sugarman as he was not a party to the conveyance, but upheld the judgment against Minicorp.

The respondents' cross-appeal regarding mortgage holdbacks, section 42 of the Mortgages Act, and the requirement for a new notice of sale was dismissed, as the trial judge's conclusions were supported by the evidence.