William Procter

The appellant's appeal was dismissed, and the parties made written submissions on costs.

The successful respondents sought costs of $5,050.00, relying on a written offer to settle for $500.00 which they bettered.

The appellant argued for partial indemnity costs and sought its own costs for a motion to extend time.

The court rejected the appellant's arguments, noting the appellant's own costs outline was over $13,500.00.

The court awarded the respondents their requested costs fixed at $5,050.00.

The appellant bank appealed a Small Claims Court decision dismissing its claim against the respondent for an outstanding credit card balance of $7,017.85.

The trial judge found the bank failed to establish its case, as the respondent denied knowledge of the card and the bank's witness lacked personal knowledge of the transactions.

The bank argued the trial judge erred in fact and in law by refusing to let it question the respondent again on the second day of trial.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the factual findings based on credibility, and no unfairness in refusing further questioning since the bank provided no reasons for the request at trial.