“Above all, he has to form his ideas without the aid of the purifying ordeal of skilled argument on the specific facts of a contested case.” [Citations below]
Consider the position of the trial judge caught between his or her own Court of Appeal and the Supreme Court of Canada.
Litigants are at the mercy of their lawyers and the trial judge, regardless.
Even when the trial judge may well be right. Especially where it seems the trial judge was right.