Sopinka J.
Sopinka J.‑‑ This is an appeal as of right. We all agree with the Court of Appeal that it was an error on the part of the trial judge to comment on the failure to call as a witness the private investigator, Ross. We are, however, of the opinion that the majority of the Court of Appeal was right in concluding that no substantial wrong or miscarriage of justice was occasioned by the error. Accordingly, the appeal is dismissed.