Steven N. Speropoulos

The appellants appealed a Small Claims Court judgment awarding the respondent damages for overtime, mileage, and termination pay.

The Divisional Court allowed the appeal in part, setting aside the personal judgment against Andrejs Ritins as no claim was pleaded against him.

The court also found the trial judge erred in imposing joint and several liability on the two corporate defendants, as one was not incorporated until after some obligations accrued.

The court upheld the overtime and mileage claims based on contract, and awarded $2,300 in termination pay against Ritins International Inc., reducing the total judgment against it to $5,598.18.

The appellants brought a motion to extend the time to perfect their appeal from a Small Claims Court judgment, as two of the three required transcripts were delayed by court reporters prioritizing child welfare cases.

The respondent opposed the motion, arguing the appellants failed to maintain a firm intention to appeal.

The court granted the motion, finding the appellants provided a reasonable explanation for the delay and demonstrated a firm intention to appeal, while the respondent suffered no prejudice.

Costs were awarded to the appellants on a partial indemnity basis.