DonaldBest.CA CANADA FEDERAL COURT REFUSES TO RELEASE JUDGE FROM JUDICIAL REVIEW OF MISCONDUCT COMPLAINT February 26, 2017

Donald Best One comment In an unprecedented decision the Federal Court also ordered the Ontario Superior Court Justice to personally pay the legal costs of a man he sent to prison. The Federal Court of Canada has refused a motion to release a judge as a party in a Judicial Review of a Canadian Judicial Council ‘CJC’ decision concerning his alleged misconduct. At issue is a CJC decision about the actions of Ontario Superior Court Justice J. Bryan Shaughnessy after a civil case hearing where the judge sentenced Donald Best, an unrepresented litigant, to three months in prison for civil contempt of court. Judge secretly created new warrant of committal in a backroom. Secretly increased prisoner’s sentence off the court record. Justice J. Bryan Shaughnessy ordered to pay legal costs. After court had finished on May 3, 2013 and the prisoner had been taken away to serve his three month sentence, Justice Shaughnessy went to a backroom and secretly created a new warrant of committal that increased the prisoner’s jail time by a month. Justice Shaughnessy did this off the court record, out of court, without telling the prisoner and without placing the new warrant of committal into the public court record. The judge gave the only copy of the warrant to prison authorities and ordered that the prisoner was not to have knowledge of the creation of the court order. Senior lawyers shocked by Justice Shaughnessy’s misconduct Justice Shaughnessy’s misconduct shocked many members of Ontario’s legal profession. Several senior lawyers, including a retired Crown prosecutor, examined the evidence against the judge and made comments such as… “In all my years of practicing law, this is the most disgusting thing I have ever seen a judge do.” “Reprehensible misconduct by a judge that undermines the very foundations of justice.” “Shaughnessy’s misconduct is worthy of his removal from the bench.” When the Canadian Judicial Council summarily dismissed a complaint against Justice Shaughnessy without an investigation, the complainant Donald Best filed an Application for a Judicial Review of the CJC’s decision – and named Justice Shaughnessy as a party. Justice Shaughnessy then filed a motion asking the court to: Release Justice Shaughnessy from being a named party to the Judicial Review. Strike the majority of Donald Best’s affidavit evidence filed in the Judicial Review. Strike parts of Best’s Application for a Judicial Review and modify the Judicial Review procedures. Order that Donald Best, the Applicant for the Judicial Review, pay Justice Shaughnessy’s legal costs in the motion. Condensed Order – click for large Costs order against judge unprecedented in Canadian Legal History The Federal Court of Canada denied every part of Justice Shaughnessy’s motion, and in an unprecedented decision in Canadian legal history, ordered that Justice Shaughnessy should personally pay $2,500 in legal costs to the complainant Donald Best: a man the judge had sent to prison. Although this writer is open to correction, research to date indicates that this is the first time ever in Canadian, British and USA legal history where a judge has been ordered to personally pay the legal costs of anyone – let alone a person he sent to prison. Justice Shaughnessy did not appeal the order of the court, which is now confirmed. Nobody acting for the Public Interest Lawyer Paul Slansky In a move that many legal professionals find surprising, the Ontario Ministry of the Attorney General is not acting for the people of Ontario and the public interest, but instead is the personal lawyer for Justice Shaughnessy. The Attorney General of Canada apparently represents the Canadian Judicial Council and sided with Justice Shaughnessy in the hearing of his denied motion. As Toronto defense lawyer Paul Slansky is acting for Donald Best, it appears that the public interest is unrepresented in an important matter concerning serious misconduct by an Ontario Superior Court Justice. The date for the Judicial Review of the CJC decision has not yet been set, but is expected to take place sometime in 2017. Written by Donald Best Court Documents in the Public Record January 17, 2017 Federal Court of Canada Order and Reasons (PDF 250kb) April 14, 2016 – Notice of Application (PDF 711kb) by Donald Best for a Judicial Review of CJC decision. April 27, 2016 Affidavit of Donald Best in two PDF files: Vol 1 (10.4mb) and Vol 2 (11.7mb) December 2, 2016 Memorandum of Fact and Law (PDF 436kb) – Paul Slansky for Donald Best Background February 11, 2017: Shocker: Police Secret Investigation collected evidence of misconduct by Ontario Superior Court Justice J. Bryan Shaughnessy March 31, 2016: Canadian Judicial Council refuses investigation of Justice J. Bryan Shaughnessy. CJC says “No misconduct” Feb. 9, 2016: Judge J. Bryan Shaughnessy under investigation by Canadian Judicial Council Dec. 2, 2015: Ontario Superior Court Justice J. Bryan Shaughnessy secretly increased prisoner’s jail sentence; in a backroom meeting, off the court record, without informing the prisoner. March 9, 2016: Canadian Judicial Council remains silent on investigation of Justice J. Bryan Shaughnessy Public domain photo of Justice J. Bryan Shaughnessy has been modified to remove others in the background and is a new work by Donald Best. The photo has been included to put context to the article. It’s use is the same as many Canadian news outlets that continue to publish photos of many Superior Court Justices who were or are under investigation by the CJC and other authorities. Notice If any person disagrees with anything I’ve published or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Readers can also use the Comments Section for each article. Comments are moderated and are published about once a day. Share this: TwitterFacebook1EmailReddit tagged with Canadian Judicial Council, CJC Canadian Judicial Council, Donald Best, J. Bryan Shaughnessy, Judicial Misconduct, Justice J. Bryan Shaughnessy, Legal Ethics Access to Justice Canadian Judicial Council Ethics Judicial Misconduct Self Represented Litigants ONE COMMENT Arif February 26, 2017 13:56 I am shocked that Judicial review judges gave this orders,those judges are sold out too from divisional courts,at the divisional court they have pool system that they are sharing bribes ,I think this individual judge forgot to pay to the pool. Mr.Best you are lucky,usually if the other side is bank or insurance companies,they do pay huge amount of cash to the divisional court pool so they put the decision in their pocket long before the trial starts. Reply allen February 26, 2017 09:32 This may be a new day dawning in our justice system and at the Federal Court but I am not holding my breath. Good for you to get this out of them Mr Best There are so many more crooked judges taking up seat in out courts. They all need to go. I wonder if this embarrassment will give this “judge” the nudge to get the decency to demit office? I am not holding my breath though. Reply LEAVE A REPLY Your email address will not be published. Comment Name Email Website Notify me of follow-up comments by email. Notify me of new posts by email. SEARCH DONALDBEST.CA SUBSCRIBE TO DONALDBEST.CA VIA EMAIL Enter your email address to subscribe to this blog and receive notifications of new posts by email. Email Address RECENT POSTS Canada Federal Court refuses to release judge from Judicial Review of misconduct complaint SHOCKER: Police secret investigation collected evidence of misconduct by Ontario Superior Court Justice J. Bryan Shaughnessy National Post bans Donald Best comment on article about Donald Best and lawyer Paul Slansky Colin Perkel – Toronto Star fake news hit piece targets lawyer Paul Slansky Does Canada’s justice system hold any hope for common citizens? TOP POSTS & PAGES Canada Federal Court refuses to release judge from Judicial Review of misconduct complaint Why did Fasken Martineau lawyer Gerald Ranking not submit costs to the Supreme Court of Canada? SHOCKER: Police secret investigation collected evidence of misconduct by Ontario Superior Court Justice J. Bryan Shaughnessy Lawsuit claim: Faskens lawyer Gerald Ranking knowingly represented a phoney business entity, lied to the Supreme Court of Canada Judge: Hidden video and audio recordings prove Ontario police officer committed criminal acts Lawyers Lorne Silver & Jessica Zagar gave directly opposing evidence to the court that sent Donald Best to jail. Whose version was true? 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