The appellant appealed a Small Claims Court judgment awarding the respondent damages for unpaid rent and dismissing the appellant's counterclaim for damage to its goods.
The Divisional Court upheld the trial judge's finding that the arrangement was a license rather than a lease, and found no palpable and overriding error in the dismissal of the counterclaim due to insufficient evidence of causation.
However, the court allowed the appeal in part, reducing the respondent's damages from six months' rent to four months' rent to account for interference with the appellant's access and the improper inclusion of a notice period.
