What is the test for obtaining evidence of when a judge made a decision?

Yukon, Canada


The following excerpt is from Yukon College v. Yukon (Human Rights Board of Adjudication), 2011 YKSC 90 (CanLII):

Blattgerste v. Heringa, 2008 BCCA 186, 82 B.C.L.R. (4th) 62 is helpful in illustrating the principle that it is not wise to search for evidence of when a judge may have made a decision. One of the issues dealt with was that the judge who heard the petition (for winding up of two companies) died before signing the reasons for judgment he had prepared. They were ultimately released by the Chief Justice posthumously. At paras. 19 and 21, Mr. Justice Frankel wrote:

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