What factors will a judge consider when deciding whether to grant a motion of no confidence?

Ontario, Canada


The following excerpt is from Hinds v. Metrolinx, 2017 ONSC 6619 (CanLII):

The verdict returned by a jury is a factor for the presiding judge to consider when answering this question, but that finding does not bind the judge hearing the threshold motion in every case. Although it is only one factor, it is an important factor. It would be an exceptional case for the judge to decide the motion in a manner inconsistent with the verdict of the jury if the facts found by the jury were known: Mandel v. Fakhim.

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