Does the Court of Appeal have any authority to interfere with a fact-finding function of a federal judge?
Alberta, Canada
The following excerpt is from Alberta v. Kingsway General Insurance Company, 2005 ABQB 662 (CanLII):
The same argument was raised in British Columbia v. Imperial Tobacco Canada Ltd., [2003] B.C.J. No. 1309, 2003 BCSC 877. Holmes J. found that consideration of the issue of judicial independence by interference with its fact‑finding function was premature, and concluded that it ought to be dealt with in the discovery and evidentiary process of the trial action.
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