IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Bidart v. MacLeod, 2005 NSSC 100
Date: 20050504
Docket: SC SN NO. 235392
SC NO. 243069
Registry: Sydney
Between:
Stephen Bidart c/o Atlantic Recreation & Marine
Appellant
v.
Harold John MacLeod
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: May 2, in Sydney, Nova Scotia
Subject: Small Claims Court Appeal; procedural fairness and the requirements of natural justice
Facts: The Claimant had alleged negligence on the part of the Appellant/Defendant regarding the repair of the Claimant’s boat. The Adjudicator allowed the Claimant to re-open his case after the Defendant had closed his case. The Adjudicator advised the Claimant that the Adjudicator required expert evidence, otherwise the claim of negligence was unsupported.
Issue: Was there a breach of procedural fairness which amounted to a denial of natural justice?
Result: Appeal allowed and new hearing ordered before a different Adjudicator. If the Adjudicator was going to allow the Claimant to call additional evidence, he should have done so before the Appellant/Defendant was called upon to call evidence. Also, some comment on the advice given by the Adjudicator and the effect of lack of transcript on the quality of the Appellant’s right of appeal.
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