Judicial Bias at the Ontario Court of Appeal–Self Represented Party Bias
This study examines appellate results for self represented parties at the Court of Appeal for Ontario. The entire Canlii database was used and no self represented entries were omitted. A listing of all cases used ion this study, and for each type of appeal, can be found in Appendixes 1 to 4.
Total Data 8868
Self Represented Data 399
Total Self represented Appeals and Cross Appeals 405
Self represented Appeals and Cross Appeals Won by Men 58
Self represented Appeals and Cross Appeals Won by Women 20
% of Entries Self Represented = 399 / 8868 x 100 = 4.5 %
% of Self Represented Wins = 78 / 405 x 100 = 19.2 %
Self Represented Wins as a % of Total Entries = 4.5 x 0.192 = 0.86 %
Self Represented Appeals for Men
Total appeals / Criminal Appeals / Civil Appeals / Family AppealsWins / 58 / 41 / 12 / 5
Total / 344 / 151 / 142 / 51
Self Represented Appeals for Women
Total appeals / Criminal Appeals / Civil Appeals / Family AppealsWins / 20 / 4 / 10 / 6
Total / 65 / 7 / 39 / 19
Total Wins of Self Represented Parties in %
Sex / Total appeals / Criminal Appeals / Civil Appeals / Family AppealsMale / 16.8 / 27.1 / 8.4 / 9.8
Female / 30.7 / 57.1 / 25.6 / 31.5
Civil Law Appeals
Cost Penalties Against Women
Costs Not ….Mentioned / No Costs / Costs but Amount .. Not Given / Costs Amounts .. … Given7 / 12 / 10 / 31
% of Cases with Cost Penalties = 16 / 28 x 100 = 57.1 %
Average Cost Penalty = ( 3 + 0.25 + 0.5 + 0.3 + 2.5 + 1 + 2 + 0.35 + 5 + 4 ) / 10
= 1.9 K
Cost Penalties Against Men
Costs Not ….Mentioned / No Costs / Costs but Amount .. Not Given / Costs Amounts .. … Given26 / 20 / 33 / 56
% of Cases with Cost Penalties = 89 / 109 x 100 = 81.6 %
Average Cost Penalty = ( 1 + 8 + 2.5 + 0.5 + 1 + 4 + 5 + 1 + 2 + 1 + 2.1 + 10 + 4.5 + 10 + 4.5 + 5 + 8.5 + 1 . + 5 + 0.75 + 3.5 + 7.5 + 7 + 12 + 2 + 5 + 2.5 + 5 + 2 + 2.5 + 0.35 + 6.3 + 10 + 10 . + 5 + 2.5 + 7.5 + 3 + 5 + 20 + 14.5 + 5 + 2 + 4 + 2.5 + 8 + 1 + 10 + 13 + 5.5 + 5 + . 23 + 4 + 10 + 9.5 + 6 ) / 56
= 5.6 K
Family Law Appeals
Cost Penalties Against Women
Costs Not ….Mentioned / No Costs / Costs but Amount .. Not Given / Costs Amounts .. … Given2 / 9 / 2 / 0
% of Cases with Cost Penalties = 2 / 11 x 100 = 18.8 %
Average Cost Penalty = ( cannot be determined since no amounts are given )
Cost Penalties Against Men
Costs Not ….Mentioned / No Costs / Costs but Amount .. Not Given / Costs Amounts .. … Given10 / 11 / 3 / 31
% of Cases with Cost Penalties = 34 / 45 x 100 = 75.5 %
Average Cost Penalty = ( 2 + 5.5 + 3.5 + 4 + 5 + 6 + 1 + 1 + 1 + 4.5 + 12 + 8 + 5 + 4 + 1 + 4.5 + 2.5 + 3 + . 3 + 1.5 + 2 + 12.5 + 5 + 20 + 3 + 0.5 + 10 + 5 + 3 + 12 + 10 ) / 31
= 5.2 K
Conclusions
Self represented cases comprise 4.5 % of the database for the Court of Appeal. In total 19.2 % of self represented parties win in court. That means that self represented winners make up only 0.86 % of the total database. Self represented females win criminal appeals almost twice as often as men. Self rperesented females win civil appeals almost 4 times as often as men and win family appeals 3 times as often as men. On average men are given cost penalties 3 times as large as women.
Appendix 1 Total Self Represented Court of Appeal Cases
sex / outcome / description1 / Conto v. Driscoll, 2003 CanLII 11728 (ON C.A.) / w / Appeal dismissed / 3 K costs
2 / Leo Goodman Investments Ltd. v. 614374 Ontario Ltd., 1996 CanLII 3228 (ON C.A.) / m / Appeal dismissed / No costs respondent self represented male
3 / Scheuneman v. Canada (Attorney General), 2003 CanLII 46123 (ON C.A.) / m / Appeal dismissed / Costs if requested
4 / R. v. Bakir, 2004 CanLII 7349 (ON C.A.) / m / Appeal allowed / Charges dismissed, no explanation
5 / Castle v. Ontario Securities Commission, 2006 CanLII 12702 (ON C.A.) / m / Appeal dismissed / 1 K costs
6 / R. v. Young, 2006 CanLII 34549 (ON C.A.) / m / Appeal dismissed / Sentence appeal abandoned
7 / Khan v. Khan, 1997 CanLII 3900 (ON C.A.) / m, w / Both appeals dismissed / Both wife and husband appeal and are self represented, no costs
8 / R. v. Parker, 2003 CanLII 35582 (ON C.A.) / m, m / Both appeals dismissed / 2 parties, criminal appeals
9 / Lafreniere v. Lafreniere, 2003 CanLII 6360 (ON C.A.) / w / Appeal dismissed / Collateral attack, both parties self represented, no costs
10 / R. v. Tucker, 2005 CanLII 25178 (ON C.A.) / m, m / Appeal dismissed / 2 male parties, criminal case
15 / Roth v. Platis, 2005 CanLII 30698 (ON C.A.) / w / Appeal dismissed / Woman won at trial but seeks higher award, both self represented, no costs
16 / Zomparelli v. Zomparelli, 2006 CanLII 1440 (ON C.A.) / w / Appeal dismissed / Both self represented, no costs
17 / Tsai v. Libman, 2006 CanLII 4942 (ON C.A.) / m / Appeal dismissed / Deputy judges immune, an abuse of process, 3 respondents, 8K costs
18 / Tsai v. Libman, 2006 CanLII 4942 (ON C.A.) / m / ( Appeal allowed ) but only to replace security order with dismissal order / If costs are paid then wife may bring back security motion, both self represented, no costs
19 / Montague v. Montague, 2005 CanLII 36156 (ON C.A.) / w / Appeal allowed / Both parties self represented, no costs
20 / R. v. Reid, 1995 CanLII 981 (ON C.A.) / m / Appeal dismissed / Transcript contradicts claim
21 / R. v. Elguindy, 1995 CanLII 1630 (ON C.A.) / m / Appeal dismissed / Sufficient evidence to convict at trial
22 / R. v. Snake, 1996 CanLII 2874 (ON C.A.) / m / Appeal dismissed / Court had jurisdiction
23 / R. v. Nourhaghighi, 1996 CanLII 2401 (ON C.A.) / m / Appeal dismissed / Appeal of order for new trial
24 / United States of America v. Dickinson, 1996 CanLII 1209 (ON C.A.) / m / Application dismissed / Application for panel review of Laskin JA’s previous order, unlikely panel would find different
25 / R. v. Callaghan, 1997 CanLII 2973 (ON C.A.) / m / Appeal allowed / Man was denied chance to enter evidence his Charter rights were violated which might have led to a s.24 (12) remedy, new trial ordered
26 / R. v. Kairjak, 1998 CanLII 5642 (ON C.A.) / m / Appeal dismissed / Not allowed to withdraw voluntary plea of guilty
27 / Toronto-Dominion Bank v. Saville, 2001 CanLII 5156 (ON C.A.) / m / Appeal dismissed / Dismissed with costs
28 / Abbas v. Fatoullaeva, 2003 CanLII 4866 (ON C.A.) / m / Appeal dismissed / 2 K costs
29 / R. v. Parker, 2003 CanLII 34310 (ON C.A.) / m / Appeal dismissed / Interlocutory and therefore not properly before the court
30 / Canada Western Bank v. Ricci, 2004 CanLII 8264 (ON C.A.) / m, m / Appeal dismissed / 2 appellants, 2.5 K costs
31 / R. v. Shepherd, 2004 CanLII 24242 (ON C.A.) / m / Appeal dismissed
32 / R. v. Fatemi, 2004 CanLII 34839 (ON C.A.) / w / Appeal allowed / Recommendation for crown not to retry
33 / R. v. Chamberlain, 2005 CanLII 600 (ON C.A.) / m / Appeal dismissed / Nurenberg principle in tax law, appeal dismissed, leave to appeal granted
34 / Hartmann v. Hartmann, 2005 CanLII 692 (ON C.A.) / m / Appeal dismissed / Trial judge made no error that would allow court to change, 2 K costs
35 / R. v. Hakim, 2005 CanLII 16579 (ON C.A.) / m / Appeal dismissed / Trial judge made no error in principle and they can’t say sentence was unfit
36 / Ontario v. Mosher, 2005 CanLII 23210 (ON C.A.) / m / Appeal dismissed / No merit to appeal. $500 costs
37 / Bhaduria v. National Post, 2005 CanLII 37587 (ON C.A.) / m / Appeal dismissed / 3 K costs
38 / Dwyer v. Cavalluzzo, 2006 CanLII 9695 (ON C.A.) / m / Appeal dismissed / Man did not comply with order, no costs
39 / Law Society of Upper Canada v. Sinclair, 2006 CanLII 12410 (ON C.A.) / m / Appeal dismissed / Not persuaded judge made an error
40 / Losier v. Mackay, Mackay & Peters Ltd., 2006 CanLII 14075 (ON C.A.) / w / Appeal dismissed / We agree with judges decision, $250 costs
41 / Cianciusi v. Cianciusi, 2006 CanLII 16348 (ON C.A.) / m / Appeal dismissed / 5.5 K costs
42 / Yagiz v. Okatan, 2006 CanLII 20841 (ON C.A.) / m / Appeal dismissed / They agree with motions judge, no costs
43 / R. v. Bishopric, 2006 CanLII 31719 (ON C.A.) / m / Appeal dismissed / They are satisfied with the boards finding the appellant was a risk to the public
44 / Hallett v. Hallett, 2006 CanLII 31726 (ON C.A.) / m / Appeal dismissed / 3.5 K in costs
45 / R. v. Daley, 2006 CanLII 41404 (ON C.A.) / m / Appeal allowed / Sentence is illegal and varied
46 / R. v. O.(R.R.), 1997 CanLII 2498 (ON C.A.) / m / Appeal dismissed / Appeal dismissed, leave to appeal granted
47 / Royal Bank of Canada v. 875576 Ontario Ltd., 2000 CanLII 8817 (ON C.A.) / w / Appeal dismissed / Material presented was not incomplete or fraudulent, costs
48 / Felte v. Felte, 2004 CanLII 15012 (ON C.A.) / m / Appeal dismissed / Appeal of 100 K equalization and 75 K spousal lump sum or 1.5 K per month for 6 years
49 / Sosnowski v. Johnson, 2006 CanLII 32309 (ON C.A.) / m / Appeal dismissed / No errors
50 / R. v. Nourhaghighi, 1996 CanLII 2762 (ON C.A.) / m / Application dismissed / Not properly before the court, no basis
51 / Lampron v. Lampron, 2005 CanLII 788 (ON C.A.) / m / Appeal dismissed / Wife did not conceal investments
52 / Jeyapragasan v. Jeyapragasan, 2005 CanLII 2554 (ON C.A.) / m / Appeal dismissed / Since property is vested appeal of order is moot, both self represented, no costs
53 / R. v. Idowu, 1994 CanLII 972 (ON C.A.) / m / Leave to appeal denied / s.139 of provincial offenses act only allows appeals of law and credibility is fact.
54 / Morgan v. Morgan, 1994 CanLII 235 (ON C.A.) / m / Appeal allowed / Relief for a severe penalty imposed if husband complies with a previous order, 4 K costs to the respondent
55 / Mosher v. Dryden (Board of Education), 1996 CanLII 1374 (ON C.A.) / m / Motion and Appeal dismissed / Man would of got extension if court saw any merit to appeal
56 / R. v. Conway, 1996 CanLII 1113 (ON C.A.) / m / Appeal dismissed
57 / R. v. Tiido, 1996 CanLII 1108 (ON C.A.) / m / Appeal dismissed / No reason to let man withdraw guilty plea
58 / Children's aid society of Ottawa-Carleton v. R.L., 1997 CanLII 1707 (ON C.A.) / m, w / Appeal dismissed / Decision was interlocutory
59 / Giagnocavo v. Canada, 1997 CanLII 1586 (ON C.A.) / m / Application and appeals dismissed / Application to reinstate appeals, no standing for some, no jurisdiction for another, history of abuse of process
60 / John Susin Construction Co. Ltd. v. Peel (Municipality), 1997 CanLII 447 (ON C.A.) / m / Appeal dismissed / No merit, didn’t pay security, 1 K costs
61 / R. v. Humphrey, 1997 CanLII 630 (ON C.A.) / m / Appeal dismissed / Appeal from conviction dismissed
62 / 489212 Ontario Ltd. v. Participative Dynamics Inc., 1997 CanLII 3525 (ON C.A.) / m / Appeal dismissed / Cannot interfere with trial judges finding of credibility, costs
63 / R. v. Magee, 1997 CanLII 2431 (ON C.A.) / m / Appeal dismissed / Cannot agree that continued detention should be in medium security
64 / Vaughan v. Ontario (Minister of Health), 1998 CanLII 3125 (ON C.A.) / m / Appeal dismissed / Dismissed with costs
65 / R. v. McCullough, 1998 CanLII 3399 (ON C.A.) / m / Appeal dismissed / No error warranting interventio
66 / Jackson v. Ontario, 1998 CanLII 2554 (ON C.A.) / m / Appeal dismissed / Constitutional challenge of acts about representation in court, costs
67 / Bhaduria v. City-TV, 1998 CanLII 6875 (ON C.A.) / m / Appeal dismissed / Costs
68 / Butcher v. St. Lucia, 1999 CanLII 894 (ON C.A.) / m / Appeal dismissed / Precluded by state immunity act, costs
69 / R v. Karmris, 1999 CanLII 2683 (ON C.A.) / m / Appeal dismissed / No error of law or miscarriage to set aside boards euling
70 / R. v. Demedeiros, 1999 CanLII 2376 (ON C.A.) / m / Appeal dismissed / No reason to interfere with trial judges assessment of evidence
71 / Galati v. McGuinty, et al., 1999 CanLII 3129 (ON C.A.) / m / Appeal dismissed / No evidence government involved in candidate selection. Attorney General not a party, costs
72 / R. v. Loach, 2000 CanLII 5490 (ON C.A.) / m / Application dismissed / Application for leave to appeal
73 / Amster v. Cameron, J., 2000 CanLII 14722 (ON C.A.) / m / Appeal dismissed / Man sue judge for conduct during divorce, judicial immunity, does not give rise to a claim
74 / Vanderlugt v. Kuyumcuoglu, 2000 CanLII 16923 (ON C.A.) / m / Appeal dismissed / Costs
75 / Iacobaccio v. Ontario, et al., 2000 CanLII 2221 (ON C.A.) / m / Appeal dismissed / Man sues city of Barrie, they agree with results if not reasons, costs
76 / R. v. Marriott, 2000 CanLII 17027 (ON C.A.) / m / Appeal dismissed / His story is preposterous
77 / R. v. Boulet, 2001 CanLII 7095 (ON C.A.) / m / Appeal dismissed / Trial judges use of after the fact evidence was acceptable
78 / R. v. Deutsch, 2001 CanLII 17119 (ON C.A.) / m / Appeal dismissed / 11b matters usually dealt with by trial judge
79 / R. v. McLean, 2001 CanLII 7833 (ON C.A.) / m / Appeal allowed / Mans conviction for harassment and break and enter overturned when it’s found woman gave consent
80 / R. v. Gray, 2002 CanLII 22824 (ON C.A.) / m / Appeal dismissed / Man did have sufficient disclosure
81 / R. v. Harte, 2003 CanLII 7980 (ON C.A.) / m / Appeal dismissed / Review boards ruling was reasonable
82 / R. v. Wilson, 2003 CanLII 43979 (ON C.A.) / m / Appeal dismissed / Fresh evidence doesn’t meet Palmer threshold
83 / Henderson v. Allstate Insurance Co. of Canada, 2003 CanLII 30111 (ON C.A.) / m / Appeal dismissed / Ample evidence to support trial judges ruling, 4 K costs