In Holm v Agat Laboratories ( 2018 ABQB 415 ) Justice Horner had a situation where he found that the plaintiff had been constructively dismissed due to a demotion. He awarded 4 months notice to a 1 year middle manager making $100k
In discussing the credibility of the defence witness, a Mr Dasanti, the judge found that he was not credible.
However the Judge on went to say as follows:
61 Desanti gave evidence that the revenue from the Air Services Division represented approximately 1% of Agat’s overall gross revenue. Even so, Desanti attended court every day of the five-day trial. I view this level of attention to this matter as disproportionate to its seriousness and further evidence of Agat’s hard ball and intimidating tactics.
The judge went on and awarded $20,000 for aggravated damages.
As I understood the concept of an open courtroom in Canada, the public is free to attend any trial they want ( unless an exclusion order is made) to see our justice system in action. In this case it was a participant in the trial who exercised his contitutional right to attend a public trial.
In return this judge held that fact against the defendant.
Does that seem right?