The defendant appealed a Small Claims Court decision awarding the plaintiff the balance owing on a masonry contract and dismissing her counterclaim for faulty work.
On appeal, the defendant argued the trial judge demonstrated bias by disclosing a prior acquaintance with one of the plaintiff's witnesses and made palpable and overriding errors of fact.
The Divisional Court dismissed the appeal, finding no appearance of bias as the trial judge had repeatedly invited submissions on the issue and the defendant's representative had encouraged him to remain.
The court also found no palpable and overriding errors in the trial judge's factual findings, which were supported by the evidence.
