The appellants appealed a Small Claims Court judgment awarding the respondent landlord damages for unpaid rent and property clean-up, and dismissing their counterclaim for disposed personal property.
The trial took place over two days, nearly a year apart.
The appellants mistakenly missed the second day, and the trial judge concluded the trial in their absence, making factual findings based on an incomplete record and expressing bias regarding their character.
The Divisional Court allowed the appeal, finding the trial judge made palpable and overriding errors by proceeding without the appellants and relying on irrelevant context.
A new trial before a different judge was ordered.
