Parties: White Square Development Inc. (Appellant/Defendant) vs. Tympanum Construction and Project Management Ltd. (Respondent/Plaintiff)
Originated from a summary trial application finding White Square liable to Tympanum in debt for $100,000, with prejudgment interest running from April 1, 2022.
The appeal was primarily dismissed, except for an adjustment on the start date for prejudgment interest to March 15, 2023, due to an error in the original judgment's date for when the loan repayment was due.
Rulings/Findings:
Admissibility of Audio Recordings: The judge did not err in admitting and considering audio recordings and transcripts of phone conversations between the principals of both parties. These were deemed reliable enough to support the judge's findings regarding the acknowledgment of the debt.
Existence of a Loan Agreement: Despite conflicting evidence and assertions of an equity investment, the judge did not err in finding a loan agreement existed based on the totality of the evidence. White Square had initially consented to proceed by summary trial.
Premature Action Commencement: While the action was started before the loan repayment was due, this was deemed moot by the time of the summary trial, as the repayment deadline had passed without payment being made.
Interest Adjustment: The court adjusted the prejudgment interest start date to March 15, 2023, acknowledging the judge's error in determining when the loan became due and payable.
Costs: Given the appeal's partial allowance, costs of the appeal were awarded to the respondent, indicating Tympanum was substantially successful. Amount not specified.
