2 total
Small Claims Court judgment set aside due to trial judge's unfair treatment of self-represented litigant.
The appellant, a self-represented litigant at trial, appealed a Small Claims Court judgment ordering him to pay damages for a breached vehicle lease.
The Divisional Court found that the trial judge failed to properly consider a preliminary motion regarding a prior dismissed action and treated the appellant unfairly throughout the trial.
The trial judge repeatedly interrupted, made sarcastic and denigrating comments, and elicited irrelevant and prejudicial evidence.
The Divisional Court concluded that the cumulative effect of the trial judge's conduct gave rise to a reasonable apprehension of bias, rendering the trial unfair.
The trial judgment and the underlying order reinstating the action were set aside.
Summary judgment granted against carrier for lost cargo where defendant failed to raise a genuine issue.
The plaintiff freight broker brought a subrogated action for $60,000 after a shipment of frozen food was lost in transit between Illinois and Ontario.
The plaintiff moved for summary judgment against the defendant carrier, Load Solutions Inc. The court found that the plaintiff had adduced sufficient evidence to prove the contract of carriage and the carrier's failure to deliver the goods.
The defendant failed to put its best foot forward or provide evidence to raise a genuine issue requiring a trial.
The motion for summary judgment was granted.
