Varoujan C. Arman

The applicants sought leave to appeal a decision reversing a stay of proceedings.

The trial judge had stayed the proceedings for operating a public garage contrary to a municipal by-law, finding the prosecution was an abuse of process based on the by-law officer's evidence.

The appeal judge reversed the stay and ordered a new trial.

The Court of Appeal granted leave to appeal under s. 131 of the Provincial Offences Act, finding the case raised significant questions of law regarding the laying of charges by enforcement officers that met the public interest requirement.

The appellants appealed a Small Claims Court decision finding them jointly liable with a co-defendant for unpaid invoices owed to the respondent contractor.

The respondent had performed mechanical and electrical work on a property being developed by the appellants and the co-defendant.

The deputy judge found that a partnership or joint venture existed between the appellants and the co-defendant, and that the co-defendant had contracted with the respondent as an agent for the venture.

On appeal, the Divisional Court found no palpable and overriding error in the deputy judge's findings of fact regarding the existence of a joint venture or partnership.

The court held that the appellants were jointly liable for the debts incurred on behalf of the venture, and dismissed the appeal.