The plaintiff successfully sued the corporate and personal defendants in Small Claims Court for unpaid wages.
At the outset of the trial, the trial judge excluded one of the personal defendants from the courtroom, despite defendants' counsel stating she was essential to instruct him.
On appeal, the Divisional Court held that excluding the instructing witness contravened Rule 52.06 of the Rules of Civil Procedure and constituted an error of law.
Although the plaintiff had a strong case, the exclusion created an appearance of unfairness amounting to a miscarriage of justice.
The appeal was allowed and a new trial was ordered.
