Appellant
Respondent
Background Facts:
Masood Masjoody had been involved in litigation against Amélie Trotignon and Simon Fraser University in the Supreme Court of British Columbia. Following an unfavorable decision, Masjoody pursued an appeal. During this process, he became concerned that the judicial officers involved in his case might be biased against him, prompting his application to the Court of Appeal.
Legal Arguments/Issues:
Masjoody argued that the Registrar, the Chief Justice, and six other judges should be precluded from exercising their powers in the matter, asserting a reasonable apprehension of bias. He sought an order from the Court of Appeal to disqualify these judicial officers from participating in his case.
The court addressed the legal question of whether a judge or a panel of judges had the authority to disqualify other judges or judicial officers from performing their duties. The court emphasized that under principles of judicial independence, no judge or group of judges could recuse another judge. The decision to recuse is solely at the discretion of the individual judge.
Court’s Decision:
The Honourable Mr. Justice Groberman dismissed Masjoody’s application, ruling that neither a single justice nor a panel of the Court had the jurisdiction to make such disqualifications. He noted that the appropriate recourse for addressing concerns about bias was to request that the specific judge recuse themselves in future proceedings.
Costs and Awards:
The document did not specify any award or costs in favor of the successful party. The application was dismissed without mention of costs.
Court
Court of Appeals for British ColumbiaCase Number
CA49479Practice Area
Civil litigationAmount
Winner
RespondentTrial Start Date
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