Is inherent jurisdiction sufficient to prevent a single judge from embarking on a novel procedure?
British Columbia, Canada
The following excerpt is from Lines v. W & D Logging Co. Ltd., 2009 BCCA 107 (CanLII):
It is significant that no authority has been presented which supports this use of inherent jurisdiction. Madam Justice Southin in Ribeiro v. Vancouver (City) (2004), 245 D.L.R. (4th) 231, 2004 BCCA 482 at para. 3 succinctly addressed the advisability of a single judge embarking upon a novel procedure: … It is not appropriate for a single judge of the court below to engage in matters of practice and procedure in which I call judicial individualism. The course of the court below is the law of the court and the course has never been to engage in such a practice.
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