The appellant, an assignee of unpaid invoices for trucking services, appealed a Small Claims Court decision that dismissed its breach of trust claims under the Construction Lien Act against the corporate and personal respondents.
The trial judge had granted judgment for breach of contract against one corporate defendant but found no trust funds were received by it, and that the other corporate defendant had properly disbursed all received funds to beneficiaries under section 10 of the Act.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the facts or application of the statutory trust provisions.
