K. Dryla

The appellants appealed a Small Claims Court decision ordering them to pay the final installment for a patio construction contract.

They argued the trial judge prejudged the case and erred by excluding the appellant husband from the courtroom during the respondent's testimony.

The Superior Court of Justice allowed the appeal, finding that the trial judge's preliminary comments and the arbitrary exclusion of a party in violation of Rule 52.06 created an appearance of unfairness.

A new trial was ordered.

The appellants appealed a Small Claims Court decision ordering them to pay the balance of a landscaping contract.

They argued the trial judge prejudged the case and improperly excluded the appellant husband from the courtroom during the plaintiff's evidence.

The Divisional Court found that the trial judge's preliminary comments raised a realistic concern of bias and that excluding a party without a request from opposing counsel violated Rule 52.06 of the Rules of Civil Procedure.

Concluding that these errors created an appearance of unfairness and a miscarriage of justice, the court allowed the appeal and ordered a new trial.