January 1 2005

The complainant alleged that during proceedings the judge appeared to favour one of the parties and spoke in an arrogant manner

20050004 - The complainant alleged that during proceedings the judge appeared to favour one of the parties and spoke in an arrogant manner. The judge in the case had said that legal costs should not be a problem, since the complainant was a “developer” in a real estate matter and the amount in question was “minor.”

The Chairperson of the Judicial Conduct Committee asked for comments from the judge, as well as a transcript of the proceedings. After reviewing the case, he concluded there was no evidence of bias or otherwise any suggestion that one party was favoured over another.

With regard to the allegation of arrogance, the Chair noted that the judge regretted that the remarks may have communicated a degree of frustration. The judge also expressed regret if the remarks were perceived as arrogant. In light of the overall context, and the judge’s explanation, the Chairperson decided that the complaint did not need to be considered further. The judge’s comments were included in a letter to the complainant and the file was closed.

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