The case involved an appeal from a Small Claims Court decision. Jeff Knowles, the appellant, had hired Viking Ventures Limited to build a house and later experienced issues with the HVAC system. The key points of the case are:

• Grounds for Appeal:
  1. The adjudicator erred by refusing Mr. Knowles' request for an adjournment.
  2. The adjudicator incorrectly applied the legal test for determining the limitation period.
  3. The adjudicator did not properly assist Mr. Knowles, who was unrepresented, with understanding the legal process and rules of evidence.
• Adjournment Request:
  • Mr. Knowles made two requests for adjournment during the hearing to seek legal advice, which were both denied. The appeal judge found that the adjudicator failed to properly balance the interests of the parties when denying these requests, which is a legal error.
• Limitation Period Issue:
  • The adjudicator concluded that Mr. Knowles' claim was filed beyond the two-year limitation period. However, the appeal judge found that the adjudicator did not apply the proper legal principles to determine when the claim was discovered, which also constitutes an error of law.
• Outcome:
  • The appeal was allowed. The case was sent back to the Small Claims Court for a new hearing before a different adjudicator. No monetary award was specified.