The appellant appealed a Small Claims Court judgment awarding damages to the respondent for injuries sustained in a workplace altercation.
The deputy judge had relied on a Workplace Safety and Insurance Appeals Tribunal decision, which found the appellant was the aggressor, to establish liability.
On appeal, the Divisional Court held that the deputy judge erred in law by failing to make an independent finding on liability, as the Tribunal had explicitly left that determination to the court.
The Divisional Court also found the deputy judge erred by dismissing the appellant's counterclaim without providing reasons.
The appeal was allowed, and the matter was remitted to the Small Claims Court for a new trial before a different judge.
