In ongoing case-managed proceedings involving a proposed vexatious litigant declaration under s. 140 of the Courts of Justice Act, the applicant sought the case management judge’s recusal and challenged portions of affidavit evidence as inadmissible hearsay.
The court held that evidentiary questions regarding the scope of cross-examination and admissibility should be determined by the judge hearing the substantive s. 140 application.
The judge concluded that, as the assigned case management judge overseeing all related proceedings, he had jurisdiction to hear the s. 140 application and that doing so was the most practical and proportionate course.
The court rejected arguments that prior interlocutory rulings created a reasonable apprehension of bias.
The motion for recusal was dismissed.
