Late attendance did not make the trial judge functus officio.
On a Small Claims Court appeal, the appellants challenged a judgment entered after their pleadings were struck when their paralegal failed to attend on time for trial because of a diarizing error.
The appeal court held that the Deputy Judge erred in law by treating the earlier ruling as functus officio and refusing to consider whether the order striking the pleadings should be set aside once the paralegal arrived before the proceeding had concluded.
The court found that procedural fairness required consideration of available discretionary remedies, including permitting participation in the damages hearing and requiring proof on liability-related issues.
The appeal was allowed, the judgment was set aside, and the matter was remitted for a new trial before a different Deputy Judge on condition that the amount of the impugned judgment, excluding costs and interest, be paid into court within 60 days.
No costs were ordered for the first trial or the appeal.
ODCDivisional CourtMay 4, 2026
