The appellant, a business manager, sued the respondent for unpaid commissions based on an oral agreement.
The trial judge allowed the action, giving oral reasons that were not transcribed in time for the appeal.
Without the benefit of these reasons, the Court of Appeal reviewed the evidence de novo and reduced the award.
The appellant subsequently located the trial judge's oral reasons and appealed to the Supreme Court of Canada.
The Supreme Court allowed the appeal and restored the trial judgment, holding that the Court of Appeal's substitution of its opinion for that of the trial judge on findings of fact and credibility was an unwarranted intrusion.
