The complainant alleged that the judge in question had been prevented from carrying out judicial duties as a result of a health condition

20050001 - The complainant alleged that the judge in question had been prevented from carrying out judicial duties as a result of a health condition. In particular, the complainant alleged that the judge was chronically late in issuing reasons for decisions in a number of cases. This, according to the complainant, was unfair to him and other litigants who were waiting for the Court’s decision.

The judge in question explained that he suffered from a serious medical condition and he acknowledged that he had difficulty coping with the amount and pace of work resulting from his judicial duties. The judge’s attending physician believed that the judge’s condition could improve.The judge agreed, in consultation with the judge’s Chief Justice, that remedial measures should be pursued to assist in improving timeliness of issuing written decisions. This included coaching by colleagues and the setting of time lines by the Chief Justice. Concurrently, the judge’s physician would monitor the judge’s progress.

The complaint was put in abeyance while this course of action was pursued. However, after a number of weeks, a review of the case showed that there was little progress being made in terms of timeliness and that, indeed, the medical condition was not improving. After consultation with the physician and Chief Justice, the judge advised that he was resigning by reason of his medical condition.

The complainant was advised accordingly. With the judge’s resignation, the file was closed.