The appellant appealed a Small Claims Court judgment ordering her to return prepaid rent to the respondents.
The respondents conceded that the trial judge failed to provide procedural fairness by not allowing parties to testify or cross-examine witnesses.
The Divisional Court set aside the judgment and ordered a new trial.
However, the court declined the appellant's request to order the return of funds garnished by the respondents, noting the funds were properly released when the appellant temporarily lost her appeal rights due to her failure to perfect the appeal on time.
