Law Times

LAW TIMES / JUNE 16, 2008 NEWS Harshest criticism arose from media contact Continued from page 1 privately berated three members of a jury before sentencing, for their verdict that convicted a woman of second-degree murder in the death of her husband. The unanimous finding against Mat- low by the advisory committee concluded that he was "incapable of performing the duties of his judicial office," because of his conduct related to the proposed real estate development a few doors from his home. The judge also contacted politicians, in- cluding the attorney general, and a colum- nist at the Globe and Mail. The last media contact took place a few days before he sat on a Divisional Court panel hearing an injunction appli- cation against a City of Toronto streetcar expansion project. The panel granted the injunction and the city later filed a recu- sal motion. Kinastowski stressed that the com- plaint filed by the city was not because of any specific ruling, but a result of a "continuing pattern" of behaviour by Matlow. "This is about the administra- tion of justice," she told Law Times. Local media were notified the same day the city filed its motion seeking Matlow's recusal because the streetcar expansion project was a high-profile issue, she said. Matlow had presided over five cases in- volving the city while he publicly opposed the development near his home and there were no calls for his recusal on these cases, the advisory committee heard. The city has a large legal staff and not everyone would have known of Matlow's public criticism, said Kinastowski. The written complaint filed with the judicial council in 2006 stated that Ki- nastowski became aware that Matlow was on the injunction panel on the final day of the two-day hearing. There was a one-week delay in completing a review of whether to seek his recusal because "relevant files were in storage," the com- plaint said. Some of the harshest criticism by the advisory committee was a result of Mat- low contacting the media and urging it to write stories about the proposed real estate project on his street. Coincidentally, Wells was also the subject of a complaint to the judicial council in 2003 for writing the Globe and Mail to criticize one of its stories about a decision of the Newfoundland Court of Appeal. The complaint by for- mer Conservative politician John Cros- bie was dismissed by the chairman of the council's judicial conduct committee. While Wells was found to have acted in good faith, the dismissal urged "abun- dant caution" by judges before contacting media about specific rulings and recom- mended that courts be provided with communications advisors. LT PAGE 5 THINK BIG. WIN BIG. Litigator keeps getting bigger and better In addition to tens of thousands of actual court documents in Civil Practice, Insurance, Torts, and Employment, Litigator™ now offers new document collections in Corporate/Commercial and Real Property. Litigator does the heavy lifting so you can do the heavy thinking Access tens of thousands of pleadings, motions, and facta from actual leading cases. Review quantum services that tell you instantly what a claim is worth. Analyze trends and patterns in the judge's rulings and opposing counsel's actions. Get the persuasive arguments, competitive intelligence, and big picture strategy you need to build a strong case. www.litigatoronline.ca AUTHORITATIVE.INNOVATIVE.TRUSTED. Untitled-2 1 www.lawtimesnews.com 5/30/08 9:17:46 AM 11540(T2) MM2 04/08

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