Self-represented litigant

The appellant appealed a judgment where the motion judge refused his request for an adjournment and proceeded as if the application was unopposed.

The self-represented appellant was present but was not permitted to make any submissions before losing over $500,000.

The Court of Appeal held this was a complete denial of natural justice, allowed the appeal, and set aside the judgment below.

The appellant, who was self-represented at trial, appealed a judgment regarding a commercial lease dispute.

He argued the trial judge failed to give him a fair opportunity to present his defence by not allowing him to call a specific witness.

The Court of Appeal dismissed this ground, finding the trial judge afforded a reasonable opportunity and properly exercised discretion, as the appellant provided no summary of the proposed relevant evidence.

However, the Court allowed the appeal in part regarding damages awarded for the appellant's failure to abide by the lease's closing hours.

The Court found the fine provision oppressive and not a genuine pre-estimate of damages, reducing the judgment by $4,040.50.