Can Walmart appeal the finding that Justice Barnes failed to seize himself of this action after dismissing the motion?
Ontario, Canada
The following excerpt is from Rego v Walmart, 2017 ONSC 2599 (CanLII):
I give little weight to the ground for leave to appeal raised by Walmart that Justice Barnes failed to seize himself of this action after dismissing the motion. The power of a judge to seize himself or herself of a case after finding there to be a genuine issue requiring a trial is discretionary in nature. See paragraphs 68 and in 78 to 79 of Hryniak v. Mauldin. The moving party has not satisfied this court that Justice Barnes exercised his discretion unreasonably or outside of guiding principles. The decision of Justice Barnes not to seize himself is not a reviewable error.
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