Background:
Skye Taylor (Appellant) sued Dr. Lens Change Inc. (Respondent) over two pairs of eyeglass lenses ordered online. Taylor claimed breach of contract and fraud, asserting the lenses delivered did not have the advertised blue light blocker and UV protection. Dr. Lens Change counterclaimed for defamation and breach of privacy.

Trial Court Outcome:
The Supreme Court of British Columbia found a breach of contract and awarded Taylor $90 in damages. The fraud claim and counterclaim were dismissed. Special costs sought by Taylor were denied, and both parties bore their own costs.

Appellate Issues:
Taylor appealed the dismissal of the fraud claim, asserting errors in assessing damages, improperly resolving fraud, and procedural unfairness in the trial process. He sought a reassessment of damages and a new trial. The Respondent applied for an extension to file a factum but failed to meet deadlines.

Appeal Decision:
The Court of Appeal dismissed Taylor’s appeal. It upheld the trial court’s findings that:

• There was no evidence of fraud or intent to deceive.
• The $90 damages award was reasonable and supported by the record.
• Alleged procedural unfairness, including claims the judge failed to read Taylor’s response, lacked merit.

The Court also denied the Respondent’s application for an extension to file its factum.

Costs:
The parties bore their own costs, except for the Respondent’s liability for the appellant’s costs related to the extension application.