Can a party unilaterally choose not to have a matter heard by a particular judge?
British Columbia, Canada
The following excerpt is from Emergency and Health Services Commission (British Columbia Ambulance Service) v. Ambulance Paramedics of British Columbia - Cupe Local 873, 2009 CanLII 31398 (BC LRB):
28 In De Cotiis v. De Cotiis, [2004] B.C.J. No. 150, 2004 BCSC 117, Groberman J. (as he then was) stated (at para. 10) that a party "should not be able to unilaterally choose not to have a matter heard by a particular judge simply because that party would prefer that another judge hear the case". Groberman J. added that if one party "without sound reason, is able to unilaterally determine that a particular judge will not hear a case, it also tends to bring the administration of justice into disrepute" (ibid.).
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