The appellants appealed a Small Claims Court judgment ordering payment of an outstanding debt to the respondent for labour, materials, and services.
The central trial issue concerned whether a partial payment had been made within the limitation period, thereby preventing the claim from being statute-barred.
On appeal, the appellants argued that the deputy judge’s extensive interventions during the trial compromised trial fairness and created an appearance of bias, particularly during the examination of the defendant and credibility findings.
The court reviewed the trial transcript and concluded that the nature and tone of the interventions crossed the line from permissible clarification into improper participation.
The trial judge’s questioning formed the basis of adverse credibility findings and created the appearance that conclusions had been reached before all evidence was heard.
The appeal was allowed and a new trial ordered before a different deputy judge.
