Judge could not review and assent to or dissent from judgment he had no role in making

Civil Practice and Procedure - Judgments and Orders - Setting Aside

Court of Appeal released judgment regarding appeal in error. Judge H, member of panel that heard appeal, was not provided with draft judgment for review or final judgment for signature. Judgment was signed in error by judge who was not member of panel that heard appeal. Judgment was not judgment of court and was of no force or effect. Parties made additional submissions. Appeal must be re-heard by differently constituted panel of Court of Appeal. As result of error, Judge H did not participate in preparation of panel's judgment, and this could not be corrected. Panel of judges that rendered judgment was not same panel that heard appeal. Judge H could not review and assent to or dissent from judgment he had no role in making. Decision-making process was compromised so panel could not render judgment.

Hilson v. 1336365 Alberta Ltd. (2019), 2019 CarswellOnt 12953, 2019 ONCA 653, Alexandra Hoy A.C.J.O., K. Feldman J.A., and David M. Paciocco J.A. (Ont. C.A.); additional reasons (2019), 2019 CarswellOnt 8107, 2019 ONCA 434, Alexandra Hoy A.C.J.O., K. Feldman J.A., and David M. Paciocco J.A. (Ont. C.A.).

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