The appellant appealed a Small Claims Court decision dismissing his claim for a lost diamond.
At trial, the judge ordered both parties to take polygraph tests and relied on the results, which favoured the respondent, to assess credibility and dismiss the claim.
The Divisional Court allowed the appeal and ordered a new trial, holding that the results of polygraph tests are inadmissible to determine the truth of facts in dispute, as they usurp the function of the trier of fact, and a court cannot delegate its jurisdiction even on consent.
