A complainant alleged that a judge had conducted a case conference in an ill manner and that the judge made certain orders, granted certain relief and made assumptions and findings, all of which were improper in the context of the conference.

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A complainant alleged that a judge had conducted a case conference in an ill manner and that the judge made certain orders, granted certain relief and made assumptions and findings, all of which were improper in the context of the conference. The complaint concerned the assessment by the judge of the material, as well as his exercise of judicial discretion when presiding over the conference and making his order.

The complainant was advised that when acting in the course of judicial duties, the exercise in good faith by a judge of his judicial discretion cannot form the basis for a complaint to the Council about his conduct. The proper recourse on such matters would reside with the court of appeal. As the complaint did not involve conduct, the matter was closed.

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