Legal Wit — Too Many Hats

Legal Wit — Too Many Hats

In self-represented litigation, the "pleadings" rarely reflect meaningful details of the issues to be tried. In this case, after reviewing the various orders in the trial record, I ventured further and read the notices of motion and the supporting affidavits leading to those orders for the purpose of learning the specifics of the dispute. This allowed me, when the parties were testifying, to raise certain matters that they had omitted or had wrongly concluded were unimportant. A trial judge should not be put in the position of having to find, present, argue and decide a case. Wearing that number of hats is unbecoming.

Szakacs v. Clarke |
2014 CarswellOnt 18291 |
Ontario Superior Court of Justice
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