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  • Complaint against a Judge!

    Has anyone made a complaint against an ontario court judge? I am interested in learning from the experience. I have recently learnt that case conferences are recorded and can be retrived with the judge's approval. I am betting the Ontario Judicial Council does not need approals from the judge against whom the complaint is being made.



    If that is true then we could put a resonable restraint to judicial misconduct by launching some quality complaints.


    If no one has experience then even your suggestions are welcome as I believe I have a substantial case against a family court judge.

  • #2
    Not much happens...

    I have made a formal complaint but wasn't a family court judge. You can only make a complaint about their conduct and not their decision so if that is your issue I wouldn't bother. The complaints seem to get swept under the rug. It is a small incestuous world and the judge will be playing golf or be in social circles with everyone's lawyer. Mine was very serious and I had a lawyer make a formal complaint on my behalf due to conduct. Nothing happened.

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    • #3
      Thank you so much for the feedback, I actually won the motion to change, but not until I twisted the judge's arm by getting the ex to agree during the motion that the judge had helped her a lot along the way, and pointed out all those illegal helps one by one.

      in this motion alone during the case conferences the judge suggested to the other party to commit fraud by getting a doctor's note stating they cannot work even though the party never even suggested that they were sick! During the next case conference the other party produced a note saying they have some sickness, but the doctor did not write that she cannot work, the judge still wanted to give the other party a break from paying child support based on a note from a walk-in clinic!

      I protested, and then on the spot, the judge wanted to turn the case conference into a motion, and ordered me to question the other party, I protested and said I'm not ready for questioning, as this is a case conference and I did not come prepared for a motion. She then proceeded to reserve costs for the conference and told me that there are repercussions for not listening to her.

      She has done many such things over the year to give illegal brakes to the other party, and she bullies me into agreeing into her illegal suggestions. This time I resisted and won, however her judicial bullying has gone on for way too long. And I need to put a stop to it.
      Last edited by sahibjee; 08-15-2018, 12:51 PM.

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      • #4
        Time for an update:



        So I did file the formal complaint.

        I wrote a sectioned and properly structured 8 page complaint. I quoted judge's exact words as well as sections of law she directly violated.


        The Ontario judicial council took 9 months to review the complaint and then replied by make substantial factual errors, like changing a child's paternity, calling a case conference a motion, calling a final order a temporary order etc. And without going into specifics just general said "we found no evidence" even though the evidence was directly quoted to them word by word.



        I have written back to them pointing to their factual errors and asking them to examine my complaint, should the fail to do so I will be writing to the ombudsman of Ontario to look into the council's sweeping complaints under the rug as the Ontario Joke Council falls under the ministry of attorney general and the ombudsman has oversight authority over the ministry.

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        • #5
          That is sad but unfortunately not surprising. I also am of the firm belief that this is a self-governed group (judges and lawyers) and they all support their own interests on not necessarily those of the public they are supposed to serve. Perhaps I am biased, but what I've seen of our legal system over that last several years has left me very disappointed.

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          • #6
            Its a tricky area to try to file a complaint over a judge. With family court being so adversarial and parents constantly fighting for more time with kids, its inevitable you will find yourself in front of the judge again.

            The system is messed up. You wait several months for conferences and when your date comes, you are hurried through like cattle by the judge. Its evident the judge did NOT read the briefs and simply relies on the lawyers to give them the gist of things on the fly. Then the judge says absolutely nothing of value- the judge barely said a word! No insight in order to push the 2 to settle. Despite it being the X# settlement conference, all the judge does is tell you to go away, work it out, and come back in 6 months to see where things stand!! Repeat cycle over and over until you run out of money and settle out of desperation. Wish the judge would actually speak during the FIRST settlement conference and say Look, I have read your pleadings, and seen this 10,000 times, and if this were to go to trial, it is likely itll be this for custody and that for access. No wonder court process takes years to get files closed.

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            • #7
              Just to give a final update. the Ontario Judicial Council wrote me back, despite pointing out all the factual errors they made they said its not in their mandate to reopen a file regardless of the reason, the file will remain closed.
              I have completely lost trust in this system.

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              • #8
                Originally posted by sahibjee View Post
                Just to give a final update. the Ontario Judicial Council wrote me back, despite pointing out all the factual errors they made they said its not in their mandate to reopen a file regardless of the reason, the file will remain closed.
                I have completely lost trust in this system.
                Sorry to hear that all your efforts have fallen on deaf ears. At this point, I wonder if even the Ombudsman will do anything.

                Sent from my ONEPLUS A5010 using Tapatalk

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                • #9
                  Sorry to hear of your troubles.

                  I too have the view that Judges (ex lawyers) and lawyers will not police themselves properly and many in the group take advantage of that.

                  It is the same with most other self policing groups. Judges are the most difficult I find.

                  Try to find a lawyer to sue another lawyer, good luck. They are terrified of each other.

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                  • #10
                    Try to find a lawyer to sue another lawyer, good luck. They are terrified of each other.
                    There are lawyers that specialize in this. But they don't take these kind of cases on contingency (since it's hard to win), and it costs a lot to do.

                    It's not a function of fear.

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                    • #11
                      This is not my area of knowledge but just wanted to chime in. Is it really wise to file a complaint against a judge? That is not the avenue to overturn a ruling not in your favour and you are essentially putting a mark next to your name.

                      In many jurisdictions, their are only so many judges. How do you know you won't find yourself in front of the same judge one day? Also, the legal profession is a small profession. Judges talk to one another. Judges have long memories, especially for those who file complaints against them. Maybe venting to a therapist is a wiser solution....

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                      • #12
                        Originally posted by LovingDad1234 View Post
                        This is not my area of knowledge but just wanted to chime in. Is it really wise to file a complaint against a judge? That is not the avenue to overturn a ruling not in your favour and you are essentially putting a mark next to your name.

                        In many jurisdictions, their are only so many judges. How do you know you won't find yourself in front of the same judge one day? Also, the legal profession is a small profession. Judges talk to one another. Judges have long memories, especially for those who file complaints against them. Maybe venting to a therapist is a wiser solution....
                        I had actually won my motion, so it was not about the outcome, it was about the judge's conduct during the case conferences prior to the motion and her attempts to prejudicially temper with the witness. which is what the Ontario judicial Council is all about.

                        Is it wise to complain against a judge? good question. I do believe we have a civic duty to hold each other to account, and as our role in society grows our accountability grows. Judges have the highest level of civic responsibillity which they have volunteered for and when they fail to conduct themselves in an appropriate fashion the entire society begins to collapse. Yes, it would personally not benefit me, but at the end of the day for society at large, for many of you, I must hold the judge to account.

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