Cunanan v McLeod (Appeal)

In the case of Cunanan v McLeod, the respondent, McLeod, appealed an order made by the tribunal in proceedings against the applicant, Cunanan. The dispute arose out of an agreement between the parties concerning the sale of a property. The matter was heard in the tribunal, which made an order in favour of Cunanan, awarding him a sum of money. McLeod, dissatisfied with the tribunal's decision, appealed the order to a higher court.

The central legal issue before the court was whether the tribunal had correctly exercised its jurisdiction and applied the appropriate legal principles in making the order. The court was required to determine if the tribunal's decision was based on sound reasoning and was supported by the evidence presented. Specifically, the court needed to examine the tribunal's assessment of the contract terms, the breach of those terms, and the quantum of damages awarded.

The court found that the tribunal had indeed exercised its jurisdiction appropriately and had applied the correct legal principles in making its decision. However, the court identified errors in the tribunal's calculation of the damages awarded. The court held that the tribunal had made a mistake in calculating the amount due to the applicant, leading to an overestimation of the damages. Consequently, the court set aside the original order and replaced it with a new order that correctly calculated the amount owed. The court also noted that the tribunal's assessment of the contract terms and the breach was sound and did not need to be altered.

The tribunal ordered that McLeod pay Cunanan the sum of $5,451.90 within 28 days of the date of the orders. The tribunal allowed the appeal in part, setting aside the original order and replacing it with the corrected amount.