Can a judge be held liable for failing to properly investigate an allegation of sexual assault?

Ontario, Canada


The following excerpt is from Taucar v. University of Western Ontario, 2013 HRTO 597 (CanLII):

I disagree. Upon review of the cases submitted by the applicant’s counsel, it appears that they all rely upon statements from Lord Denning in Sirros v. Moore in which he stated as follows: So long as he [a judge] does his work in the honest belief that it is within his jurisdiction, then he is not liable to an action. He may be mistaken in fact. He may be ignorant in law. What he does may be outside his jurisdiction -- in fact or in law -- but so long as he honestly believes it to be within his jurisdiction, he should not be liable. Once he honestly entertains this belief, nothing else will make him liable. He is not to be plagued with allegations of malice or ill-will or bias or anything of the kind. Actions based on such allegations have been struck out and will continue to be struck out. Nothing will make him liable except it be shown that he was not acting judicially, knowing that he had no jurisdiction to do it.

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