Background of the Case: Thi Tinh Nguyen appealed an order from a summary trial where 1108911 B.C. Ltd. was awarded monetary damages due to a breach of a commercial lease. Nguyen argued a miscarriage of justice occurred because she was effectively denied counsel due to a conflict of interest between her and her co-defendants, who were jointly represented by the same lawyer.

Facts of the Case:

• Nguyen's daughter, Thanh-Thanh Truong, intended to operate a nail salon (Lit Nail Spa Ltd.) at the property owned by 1108911 B.C. Ltd., entering into a lease agreement where Nguyen was added as an additional indemnifier.
• A dispute arose, leading to the salon's abandonment and cessation of rent payments. 1108911 B.C. Ltd. terminated the lease and re-let the premises.
• Legal action for breach of contract was initiated by 1108911 B.C. Ltd. against Lit Nail Spa Ltd., Thanh-Thanh Truong, and Thi Tinh Nguyen.

Issues/Main Discussion:

• The issue was whether the joint representation by counsel for Nguyen and her co-defendants constituted a conflict of interest that adversely affected Nguyen’s legal representation.
• Nguyen sought to introduce fresh evidence on appeal, arguing her counsel was in a conflict of interest and failed to advance available defenses, leading to a miscarriage of justice.

Ruling:

• The appeal was dismissed. The Court found that while there was a conflict of interest between Nguyen and her co-defendants, as they were jointly liable under the lease agreement, the absence of evidence that counsel was actually aware of this conflict was decisive. Civil appeals based on ineffective assistance of counsel are extraordinary and require actual knowledge of the conflict by counsel.