The appellant appealed a trial judgment and costs endorsement regarding a construction contract dispute.
The trial judge had found the appellant's evidence not credible, rejected its claims for extras, and accepted the respondent's evidence regarding back charges and costs to complete.
The Divisional Court dismissed the appeal, finding that the trial judge's factual findings were available on the record and her approach to contract accounting was correct.
The appeal was dismissed with costs of $7,500 awarded to the respondent.