Complaint 4

Many complaints received by the Council prove to be about the decisions made by the judge, and not about any issue of inappropriate conduct as such. When someone believes a judge's decision is wrong in law, the remedy is to bring the issue before the court, usually in an appeal.

In a case involving a property dispute, an affidavit presented by the lawyer was rejected by the judge. The lawyer complained to the Council that the judge humiliated her in court by rejecting an affidavit and saying that the lawyer's Notice of Appeal was "not good." The complainant also suggested that the judge showed bias against her in favour of the opposing male lawyer and that the judge was "intimidating, rude and harsh" toward her.

The judge was asked to comment and to provide the recording of the proceedings. The judge noted that the complainant was not well prepared to present her motion and that her court documents were not well drafted. The judge also said that the complainant became agitated as she struggled to properly present her case. The judge did say that the appeal document was "not good" but also encouraged the lawyer to focus her arguments on relevant facts. Council found that the judge acted within her discretion in ensuring that the matters before the court proceed efficiently. The judge disagreed that she was rude or harsh. The recording of the proceedings supported the judge's position. In fact, the transcript showed that the judge was firm but patient at all times and encouraged the complainant to focus on the relevant issues.

The complaint that the judge showed gender bias in favouring male counsel was found to be completely without merit. The complainant had in the past made similar complaints against other judges. Not one of these complaints was valid. The allegations were dismissed.
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