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.
