Can a final order be made by a case conference judge?

Kiteley J.’s decision in Robinson v. Morrison, [2000] O.J. No. 2973 (S.C.J.), is one of few decisions that address the appropriateness of a final order made by a case conference judge. The concern in Robinson v. Morrison, as in the present case, was the lack of procedural fairness afforded to the party who was unaware that the early case conference could result in a final order. In Robinson v. Morrison, the conference judge granted an order for temporary access in spite of the fact that it was the first case conference. No motion seeking access had been brought and there was no affidavit material before the court. The respondent successfully appealed that order.