Richard Dean MacNeil

In a costs decision following an appeal, the plaintiff sought costs against the defendants, and the individual defendant sought costs having successfully appealed the personal judgment against him.

The court awarded the plaintiff its trial disbursements and appeal costs against the corporate defendant.

However, the court denied the individual defendant his costs, despite his success on appeal, because he was the primary actor who caused the plaintiff's loss and obfuscated the corporate relationships.

The appellant appealed a Small Claims Court decision finding him personally liable for unpaid invoices for poker tournament services provided by the respondent.

The trial judge had found a partnership or joint venture existed between the appellant and another individual, avoiding the need to pierce the corporate veil.

The Divisional Court held this was a palpable and overriding error, as the respondent's own evidence was that it believed it was dealing with the corporate entity, not the appellant personally.

The court set aside the personal judgment against the appellant and replaced it with a judgment against the corporate defendant.