Pomerleau v. Snarsky

Pomerleau v. Snarsky

The Provincial Court judge correctly found on the evidence that the appellant failed to prove the claimed contract price on a balance of probabilities and that the respondent proved his counterclaim for $3,000 in repair costs; the appellant's unexplained absence after adjournment did not establish palpable or overriding error or unfairness requiring allowance of the appeal, so the appeal must be dismissed and the lower court judgment upheld.

Citation
2009 BCSC 452
Parties
Plaintiff/petitioner: Richard Pomerleau; Defendant/respondent: Bo Snarsky
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 April 2009
Procedural Posture
Small Claims Act Appeal (provincial Court to Supreme Court of British Columbia) / Appeal on the Record (not a New Trial)
Outcome
Appeal dismissed; Provincial Court judgment upheld.
Legal Topics
Contract Interpretation, Counterclaim for Damages, Procedural Fairness, Self Represented Litigants, Judicial Intervention, Standard of Review on Appeal
Source Language
English
Civil Contract Small Claims Contract Interpretation Counterclaim for Damages Procedural Fairness Self Represented Litigants Judicial Intervention +1 more

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Parties

Richard Pomerleau

Plaintiff/petitioner

Bo Snarsky

Defendant/respondent

Procedural Posture

Small Claims Act Appeal (provincial Court to Supreme Court of British Columbia) / Appeal on the Record (not a New Trial)

Legal Issues

  1. 1 Whether the contract price was $25 per square foot or $25 per hour
  2. 2 Whether the trial judge erred or acted unfairly in the course of the small claims trial
  3. 3 Whether the defendant proved his counterclaim for repair costs

Ratio Decidendi

The Provincial Court judge correctly found on the evidence that the appellant failed to prove the claimed contract price on a balance of probabilities and that the respondent proved his counterclaim for $3,000 in repair costs; the appellant's unexplained absence after adjournment did not establish palpable or overriding error or unfairness requiring allowance of the appeal, so the appeal must be dismissed and the lower court judgment upheld.

Court Disposition

Appeal dismissed; Provincial Court judgment upheld.

Orders

  • Appeal dismissed
  • Provincial Court judgment granting defendant counterclaim for $3,000 upheld