When a judge's conduct prevents or significantly interferes with a litigant’s ability to place their case before the court, is it appropriate to order a new trial?
British Columbia, Canada
The following excerpt is from Jimenez v. Azizbaigi, 2008 BCSC 1465 (CanLII):
However, where judicial conduct prevents or significantly interferes with a litigant’s ability to place his or her case before the court, such that the defendant is prevented from having a full and fair opportunity to place his defence and counterclaim before the court, then the appellate court should order a new trial. Garry v. Pohlmann et al., at paras. 49-51.
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