Is a case management judge considered to be "very familiar with the particular circumstances and issues in a proceeding"?
Canada (Federal), Canada
The following excerpt is from Richardson v. Seventh-Day Adventist Church, 2021 FC 1105 (CanLII):
Moreover, as stated by my colleague Justice Little, on a Rule 51 appeal “a case management judge is assumed to be very familiar with the particular circumstances and issues in a proceeding” and their “decisions are afforded deference, especially on factually-suffused questions” (Hughes v. Canada (Human Rights Commission), 2020 FC 986 at para 67).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a judge have jurisdiction to consider "all issues" other than the precise issue of the amount of compensation awarded? (MultiRegion, United States of America)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
In a motion for a continuance for the substitution of counsel, in what circumstances will the District Judge comment on the issue? (MultiRegion, United States of America)
Is a federal judge required to consider the issue of concurrent jurisdiction? (MultiRegion, United States of America)
When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court consider whether the Chief Justice of the United States Supreme Court has any authority or authority to issue an opinion in the context of judicial review? (MultiRegion, United States of America)
Is a passport issued by the issuing of a passport in a foreign country conferred nationality on the person to whom it was issued? (Canada (Federal), Canada)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
In what circumstances will a Minister of Justice consider a hobby as a business when determining whether a hobbyist or an amateur should be considered a tax-payer business? (Canada (Federal), Canada)
In what circumstances will the Board of Arbitration for Human Rights consider whether the Immigration Judge abused his discretion in refusing to grant relief? (MultiRegion, United States of America)
