Author: Joanne Luu

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Québec – Judicial immunity precludes compelled evidence on bias challenge; application to arbitrators? – #554

In Credit Transit Inc. v. Chartrand, 2021 QCCS 4329, Justice Lussier of the Québec Superior Court quashed a summons served upon a judge, which purported to compel him to give evidence in relation to an application to disqualify him as the appointed case management judge on grounds of alleged bias. The Court held that judicial immunity, which safeguards judicial independence, also protects judges from being compelled as witnesses in relation to the exercise of their judicial functions.

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Alberta – Court finds that submissions of counsel and opinions and ruling of arbitrator in a quashed arbitration inadmissible – #516

In Flock Estate v. Flock, 2019 ABCA 194, the Alberta Court of Appeal (Mr. Justice Frans Slatter, Madam Justice Myra Bielby and Mr. Justice Thomas W. Wakeling) overturned the chambers justice’s decision to admit affidavit evidence referring to a related arbitration in respect of which the award was ultimately quashed and found to be a nullity. The Court found there was a distinction on the one hand between—the arbitrator’s opinion and ruling about what should happen in that case (which is not evidence of anything other than his personal opinion) and counsel’s submissions (which is not evidence but argument)—and on the other hand, actual evidence put before the arbitrator. The former held no probative value and was inadmissible. With respect to the latter, the Court held that the sworn testimony given by the parties during the arbitration ”might” be admissible, but that the related exhibits were presumptively inadmissible.

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