The self-represented appellant appealed a Small Claims Court judgment ordering him to pay damages for breach of a land-clearing contract and dismissing his defendant's claim.
The appellant argued the trial judge's strict time limits, constant interruptions, and refusal to allow closing submissions rendered the trial unfair.
He also appealed the trial judge's exclusion of written witness statements, including an expert report.
The Divisional Court allowed the appeal, finding the trial judge's inflexible timetable and denial of the right to make closing submissions amounted to a miscarriage of justice.
The court also found the trial judge erred in law by excluding the written statements contrary to the Rules of the Small Claims Court.
A new trial was ordered.
