Michael E. Mitchell

The appellants appealed a trial judgment awarding the respondent one-third of the proceeds of a winning lottery ticket.

The appeal centered on the trial judge's conduct during the trial.

The Court of Appeal found that the trial judge excessively interrupted the testimony of the parties, asking hundreds of questions, cross-examining the appellants, and making sarcastic and condescending remarks.

The Court held that the trial judge's interventions crossed the line, usurped the function of counsel, and destroyed the image of judicial impartiality.

The appeal was allowed and a new trial was ordered.

The appellants appealed a trial judgment declaring that the respondents had an ancillary right to park vehicles along a right-of-way and awarding damages for nuisance.

The Court of Appeal upheld the trial judge's finding that parking was an ancillary right based on over forty years of use and the circumstances surrounding the creation of the right-of-way.

The Court also upheld the nuisance damage award.

However, the Court varied the judgment regarding the cost of installing a holding tank, ordering the parties to split the cost equally due to mutual carelessness.

The appeal was allowed in part.