Is a trial judge entitled to question witnesses for clarification?

Ontario, Canada


The following excerpt is from Uribe v. Tsandelis, 2021 ONCA 377 (CanLII):

A trial judge is entitled to question witnesses for clarification by intervening in the testimony of witnesses. In Chippewas of Mnjikaning First Nation v. Ontario, 2010 ONCA 47, 265 O.A.C. 247, at paras. 231, 238 and 243, leave to appeal refused, [2010] S.C.C.A. No. 91, this court considered questioning by a trial judge: An examination of whether a trial judge has unduly intervened in a trial must begin with the recognition that there are many proper reasons why a trial judge may intervene by making comments, giving directions or asking questions during the course of a trial. A trial judge has an inherent authority to control the court's process and, in exercising that authority, a trial judge will often be required to intervene in the proceedings. … On occasion, trial judges may be required to play a more active role in asking witnesses questions. However, when they do, it is important that they use care and not create an impression through the questioning process of having adopted a position on the facts, issues or credibility. … All of that said, appellate courts are reluctant to intervene on the basis that a trial judge "entered the arena" and improperly intervened in a trial. There is a strong presumption that judges have conducted themselves fairly and impartially. … In the end, an appellate court should only intervene if satisfied that the trial judge's interventions, considered in the context of the entire trial, created a reasonable apprehension that the trial judge was biased.

Other Questions


Is a trial judge required to state that his view of the credibility of witnesses depended upon “the manner in which the witnesses were given or… their demeanour? (Ontario, Canada)
Is a trial judge’s decision in a personal injury case entitled to deference? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
What is the distinction between questions of law, questions of fact and questions of mixed law and fact? (Ontario, Canada)
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
Does a trial judge have the power to call a physician as a witness? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
Are there any cases where a trial judge asked questions on the subject of sexual orientation? (Ontario, Canada)
How has the trial judge reviewed the evidence at a jury trial? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.