The appellant appealed the dismissal of an action against a judge arising from conduct alleged to have occurred while hearing and deciding the appellant's earlier civil proceeding.
The Court of Appeal held that the pleaded allegations concerned acts done in the execution of judicial duties and therefore could not found a valid cause of action.
The court further held that the respondent's response to a complaint to the Canadian Judicial Council was also undertaken in the course of judicial office.
The appeal was dismissed with costs.
