The appellant landlord appealed a Small Claims Court decision dismissing its claim for unauthorized parking fees, bailiff charges, and legal fees against the respondent tenants.
The trial judge found that the vehicles were not in the possession or control of the tenants and that the landlord acted precipitously in calling a bailiff.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's assessment of the facts.
