The defendant appealed a Small Claims Court judgment awarding the plaintiff $4,132.00 in unpaid commissions for recruiting international students.
The Divisional Court allowed the appeal, finding the Deputy Judge made palpable and overriding factual errors by ignoring clear evidence that the defendant required a formal, signed agency agreement before paying any commissions.
As the plaintiff placed students without such an agreement in place, there was no legal or equitable basis for the claim.
The judgment was set aside and the plaintiff's claim was dismissed.
