The complainant alleged that the judge had failed to consider all of the evidence or to assess it properly and that, in the course of his decision, made defamatory comments and allowed a personal dislike of the complainant to influence his decision

20040002 - The complainant alleged that the judge had failed to consider all of the evidence or to assess it properly and that, in the course of his decision, made defamatory comments and allowed a personal dislike of the complainant to influence his decision. The complainant further alleged that the judgement had been held in reserve for an unreasonable length of time and that there had been collusion between that judge and another who had presided over a different but related case in which the complainant was also involved.

In rejecting significant portions of the complainant’s evidence, the judge characterized the complainant as “manipulative”and “deceitful” and stated at several points that he did not believe the complainant, whose position he referred to as “spurious”, “mean-spirited” and “without foundation.”

The Vice-Chair of the Judicial Conduct Committee considered the complaint and materials that the complainant provided in support of his allegation including the decisions in the two related cases.