The plaintiff appealed a Deputy Judge's decision dismissing his action after refusing to grant an adjournment on the first day of trial.
The plaintiff's counsel requested the adjournment to obtain newly discovered documents relating to the value of the damaged car, but failed to adequately explain the nature of the documents or why they were not produced earlier.
The Divisional Court found that while the Deputy Judge's decision was understandable given counsel's inadequate submissions, the interests of justice required granting the adjournment so the case could be resolved on its merits.
The appeal was allowed and the dismissal set aside, though the $1,000 costs award to the defendant for the trial attendance was upheld.
