The appellant appealed a Small Claims Court decision that dismissed its action and stayed two other actions on the motions judge's own initiative during a default judgment motion.
The Divisional Court allowed the appeal, finding that the motions judge erred in law by failing to follow the mandatory procedural steps under Rule 12.02(4) of the Rules of the Small Claims Court.
The failure to provide notice and an opportunity to make submissions deprived the appellant of procedural fairness.
The dismissed and stayed actions were reinstated.
