The appellants appealed a Small Claims Court decision dismissing their motion to set aside an undefended trial judgment regarding a basement renovation contract.
The appellants argued the motions judge erred in calculating the delay, applied the wrong legal test, ignored evidence of fraud, was biased, and improperly awarded costs.
The Divisional Court dismissed the appeal, finding the motions judge correctly applied Rule 17.04 of the Small Claims Court Rules, properly exercised her discretion, and exhibited no reasonable apprehension of bias.
