When will a motion for recusal be heard and determined by the judge?
Ontario, Canada
The following excerpt is from Heffernan v Van Mechanical Contractors Inc., 2017 ONSC 2381 (CanLII):
The law has been clear for many years that a motion for recusal shall be heard and determined by the judge who has been asked to recuse him or herself: Arsenault-Cameron v. Prince Edward Island, (1999) Canlii 641 (SCC). This introduces an interesting dynamic that requires scrupulous attention by the judge. The first part requires the judge to examine the grounds on which the motion has been brought to determine if the request for recusal has any merit. The second part is to engage in that exercise with the same diligence to ensure a just determination is made on the motion.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion for recusal made to the judge being asked to recuse himself or herself? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the test for determining if a motion is a genuine issue requiring a trial based only on the evidence in the Motion Record? (Ontario, Canada)
What is the test for a Motion 14B Motion to obtain assistance from a case management judge? (Ontario, Canada)
What is the role of the motions judge in deciding a motion for summary judgment? (Ontario, Canada)
What is the test for a motions judge to dismiss a motion for personal injury? (Ontario, Canada)
Can a motion judge interfere with the analysis and conclusion of a judge's assessment of the nature of the expression? (Ontario, Canada)
What is the basis to overturn a motion judge’s ruling that the valuation evidence tendered after cross-examinations is not admissible on the motion? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
