What happens if a judge dies before releasing a reserve decision? What if the reasons for judgment are complete but not given final approval by the judge? Can they be released anyway?
The British Columbia Court of Appeal says no. (
In a careful decision in Blattgerste v. Heringa, 2008 BCCA 186 (concurred in my two of three judges -- all agreed on the result) the Court finds "unsigned reasons cannot be regarded as final and complete. They are of no force and effect, and any formal order entered to give effect to them cannot stand. As the reasons in this case should not have been released, I express no view as to their correctness. "
1 comments:
I don't think there's any question on that one. Back to square one. Maybe our law societies should begin carrying life insurance policies on our judges - the sort of thing the litigants do in lengthy trials. It's unfortunate for the parties when these rare events occur but - that's life! Then again, who hasn't known at least one judge who was as good a jurist dead as he ever was alive?
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