Does a judge have a duty to hear an application where the adjudicator of the application has been found in error?
British Columbia, Canada
The following excerpt is from Emergency and Health Services Commission (British Columbia Ambulance Service) v. Ambulance Paramedics of British Columbia (CUPE, Local 873), 2009 CanLII 60733 (BC LRB):
9 In BCLRB No. B129/2009, I quoted Goepel J. in Makowsky v. John Doe, 2007 BCSC 1231 (affirmed 2008 BCCA 112), who noted (at paragraph 17) that, faced with an application of this kind, "the natural tendency is to step aside" and allow another adjudicator to handle the case. However, Goepel J. continued, such a course of action "conflicts with the judge's duty to hear cases to which he is assigned" (ibid.).
10 Goepel J. went on to quote Groberman J. (as he then was) in De Cotiis v. De Cotiis, 2004 BCSC 117, where he stated at paragraph 11: ...it is my duty to determine whether or not I ought to recuse myself, not by simply agreeing to refrain from hearing the matter because an objection is raised, but by reference to established legal principles.
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