Docket: CACV2240 Sahara Spa Inc. v. 101118808 Saskatchewan Ltd., 2012 SKCA 113

THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2012 SKCA 113 Date: 2012-11-29 Between: Docket: CACV2240 Sahara Spa Inc. and 101118808 Saskatchewan Ltd. Appellant - and - C&S Construction Co. Ltd. Respondent Coram: Lane, Ottenbreit & Caldwell JJ.A. Counsel: Kyla Dilling, for the appellants Lyle O. Phillips, for the respondent Appeal: From: 2012 SKQB 69 Heard: October 14, 2012

Disposition: Dismissed Written Reasons: November 29, 2012 By: The Honourable Mr. Justice Caldwell In Concurrence: The Honourable Mr. Justice Lane The Honourable Mr. Justice Ottenbreit Caldwell J.A. [ 1 ] The appellants appeal from the award and quantum of a judgment against them on a debt owing to the respondent in the amount of $93,428.98, with simple annual interest of 10% from January 29, 2004. The respondent, as appellant by cross-appeal, appeals from the finding that the debt is unsecured.

The reasons for judgment after trial may be found at 2012 SKQB 69 . [ 2 ] Put simply, the outcome of the legal and equitable issues arising at trial turned heavily on the findings and inferences of fact made by the judge. From the transcript and the appeal book, it is clear the judge had the difficult task of parsing scant evidence to make his factual findings. We have reviewed the evidence and, given the challenges the judge faced, we are of the unanimous opinion that his findings of fact and the inferences he drew were eminently reasonable in the circumstances. Moreover, we see no palpable and overriding error.

The facts, as he found them, then drive us to unanimously conclude that the judge’s determination of the matter, in the overall result, is correct. [ 3 ] We would, therefore, dismiss the appeal and the cross-appeal. [ 4 ] Each party shall bear its own costs in the appeal and in the cross-appeal. DATED at the City of Regina, in the Province of Saskatchewan, this 29 th day of November, A.D. 2012. “Caldwell J.A.” _____________________ Caldwell J.A. I concur. “Lane J.A.” Lane J.A. I concur. “Ottenbreit J.A.” Ottenbreit J.A.