Appeal Judge Rips Trial Judge's Conduct Towards Self-Represented Defendant

Originally published on Slaw.

A Superior Court Judge has tossed out a Small Claims Court judgment for a long list of reasons which primarily involve the inappropriate manner in which the trial judge dealt with the self-represented defendant throughout the course of the trial.

The reasons for granting the appeal span 92 paragraphs. The conduct of the trial judge becomes increasingly unbelievable as the reasons unfold. The decision is worth a read in its entirety and the findings include the following:

• The trial judge had not read any of the material before the trial;
• The trial judge gave the defendant "two minutes" to explain a legitimate motion he was bringing at the outset of trial;