The self-represented appellant appealed the dismissal of his action and his motion for summary judgment against his former employer.
The motion judge had called on the appellant first, advised him to focus on the cross-motion, and then reserved her decision without calling on the respondent to make submissions.
The Court of Appeal allowed the appeal, finding a want of procedural fairness.
The appellant was entitled to hear the respondent's oral submissions on the cross-motion and have an opportunity to respond to them.
The order was set aside without prejudice to either party renewing their motion.
