Case Overview: Fireweed Helicopters Ltd. breached a multi-year contract with 38274 Yukon Inc (dba Super Save Propane) by stopping the acceptance of propane before the contract ended and contracting with another supplier.

Court Proceedings: Super Save sued for breach of contract in Small Claims Court, seeking liquidated damages, which were not awarded. Instead, contractual damages based on lost profits were awarded, amounting to $12,303.12.

Appeal: Fireweed appealed the decision, not disputing the breach but contending that the trial judge lacked sufficient evidence to calculate damages.

Court's Analysis on Appeal:

• Legal Issues Raised: Fireweed challenged the adequacy of the evidence for the damages calculation, particularly the use of a 76% profit figure from one day as a basis for calculating the entire damages.
• Standard of Review: Damages calculations are generally reviewed for palpable and overriding error unless there's an error of law, where correctness is the standard.
• Evidence Considered: The court noted evidence at trial indicating Super Save’s profit margins and costs. The trial judge’s approach to calculating damages by estimating future sales and applying known profit margins was supported by some evidence, though questioned by Fireweed.

Decision: The appellate court, presided by Justice Wenckebach, upheld the trial court's decision, stating the trial judge made no palpable error in her inferences from the factual evidence presented, particularly regarding the correlation between Super Save’s charges and its overhead costs.

Conclusion: The appeal by Fireweed Helicopters Ltd. was dismissed, affirming the trial judge’s calculation of damages based on available evidence and appropriate standards of review.