Tuesday, April 16, 2013

Judges are to listen; not to intervene in the fray

R. v. Huang, 2013 ONCA 240 holds:

[32]       We make a final observation.  This is the second time in less than one year that this court has allowed appeals relating to judgments of this trial judge on the basis of reasonable apprehension of bias.  In both instances, the perception of bias arose because of improper and unwarranted interventions by the trial judge during the examination of witnesses: see Lloyd v. Bush, 2012 ONCA 349.  In both instances, public resources were wasted, great inconvenience to the parties resulted and the integrity of the administration of justice was tarnished.

[33]       It bears repetition that trial judges, like appellate judges, must preside in a judicious fashion.  Trial judges are, at bottom, listeners.  As this court said in R. v. Hossu, (2002), 167 C.C.C. (3d) 344, at para. 35, "[i]t is counsel's job, not the trial judge's, to explore inconsistencies in a witness' testimony." 

5 comments:

Anonymous said...

Hello! This is my first visit to your blog!

We are a collection of volunteers and starting
a new project in a community in the same niche. Your blog provided us valuable
information to work on. You have done a extraordinary job!


my blog :: circuit board recycling prices

Anonymous said...

Everything is very open with a precise explanation of the challenges.
It was definitely informative. Your website is very useful.
Thanks for sharing!

Here is my blog post ... how much should i weigh

Anonymous said...

Thank you a bunch for sharing this with all folks you really
recognize what you are talking about! Bookmarked.
Kindly also seek advice from my web site =). We will have a link alternate contract between us

My web blog ... how much Should You weigh

Anonymous said...

I got this website from my pal who told me concerning this site and at the moment this time I am visiting this website and reading very informative articles at
this place.

Look into my webpage - video selling talent

Anonymous said...

I was more than happy to uncover this website. I wanted to thank you for your time due to this
fantastic read!! I definitely loved every part of it and I have you saved as a
favorite to see new information in your website. I wanted to tell you, I bookmarked Blogger:
Morton's Musings at Pinterest so my coworkers will learn from it also. May I also share a suggestion. Acquiring brilliant video marketing can be incredibly difficult. I find it most worthwhile to talk to a a Great San Diego Estate Planning Lawyer. Our team of San Diego Estate Planning Lawyer are here to help you with all your legal necessities.

Feel free to visit my homepage: San Diego Bankruptcy Attorneys