When will a judge refuse to examine the "tactical purposes" argument in a disqualification order?
Ontario, Canada
The following excerpt is from Skye Properties Ltd. v. Wu, 2003 CanLII 75374 (ON SCDC):
Farley J. was not oblivious to this argument. He simply concluded it was unnecessary to deal with it because in his view the Promoters "must be successful based upon the ratios and principles contained in" [para. 3] Martin v. Gray, supra, and its progeny. In my opinion, he was entitled to take that view on the Record before him, and I would not set aside the disqualification Order on the basis that he declined to examine the "tactical purposes" argument.
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