The appellant appealed a motion judge's decision granting a partial award for storage and demurrage charges in an arbitrary amount and directing the balance to trial.
Both parties agreed the motion judge erred in this regard.
The appellant sought to have the entire matter sent to trial, while the respondent cross-appealed for summary judgment for the full amount claimed.
The Court of Appeal allowed the cross-appeal, finding that the appellant failed to put its best foot forward on the summary judgment motion to dispute the quantum or the invoices once the respondent's entitlement to a lien was established.
The respondent was granted judgment for the full amount claimed.
