ONTARIO COURT OF APPEAL JUDGES
The Honourable Justice Karen M. Weiler
Official Bio - Unofficial follows - then you can read about her 71% bias in favour of mothers on an issue of custody. When it comes to costs. Success as decided by cost penalties a woman has 97% chance of wining costs.
Official Biographical
of
Justice Karen M. Weiler
Justice Weiler received her B.A. from the University of Saskatchewan and her LL.B. from Osgoode Hall Law School in 1967. After articling with Blake, Cassels & Graydon, she was called to the Bar of Ontario in 1969. She practised law with Weiler, Weiler and Maloney in Thunder Bay until 1972 when she returned to Toronto and entered the LL.M. program at Osgoode Hall. She received her LL.M. in 1974. She was counsel for the Ministry of the Attorney General and later became Senior Counsel in the Policy Development Division. Appointed to the former District Court of Ontario in 1980, and to the Ontario High Court, February 21, 1989, Justice Weiler was appointed to the Ontario Court of Appeal on March 12, 1992. She was appointed to the Court Martial Appeal Court on July 26, 1995. Justice Weiler is fluent in French and presides over appeals in the French language. Over the course of her twenty-four years on the bench, and now twelve years as an appellate judge, Justice Weiler has written judgments in all areas of from, both criminal and civil.
Justice Weiler has been a director of the American Judicature Society, the Canadian Judges Conference, and the International Association of Women Judges – Canadian Chapter. She has also served on the Justice Minister’s Advisory Committee for Judicial Appointments. She was one of seven judges from Canada chosen to participate in the first Canadian American Legal Exchange led by the respective Chief Justices of Canada and the United States.
Justice Weiler is a frequent guest speaker and lecturer. Groups to which she has given lectures include the Canadian Judges Conference, the Ontario Superior Court Judges Conference, the Law Society of Upper Canada Continuing Legal Education programs, the Canadian Bar Association, at the Provincial and National levels, the Advocates’ Society, the Crown Attorneys Association, the Association of Women and the Law and the University of Toronto and Osgoode Hall law schools.
In June 2001, Justice Weiler completed the mediation training program in dispute resolution, workplace conflict and public policy issues by CDR Associates of Boulder, Colorado. This service is now offered by the Court of Appeal as a voluntary option to litigants who request it. In November 2001, she completed the Stitt Feld Handy Group Advanced ADR Workshop.
REALITY CHECK
Judicial Bias at the Court of Appeal 2007
By Peter Karl Roscoe
Ottawa
Apr 2006,
Revised Sept 2007
For Justice Karen M. Weiler 47 family cases were available, and 41 of them had data on cost penalties. The cases and their outcomes can be found in Appendix A6. A summary of the decisions is as follows
Appellant
Custody
Access
Mobility
Spousal
Support
Child
Support
Equalization
Other
Costs
Number of Males
5
2
1
13
11
7
15
41
Number of Male Wins
0
0
0
3
3
2
3
1
Appellant
Custody
Access
Mobility
Spousal
Support
Child
Support
Equalization
Other
Costs
Number of Females
2
0
2
7
7
4
7
41
Number of Female Wins
1
0
1
7
5
4
4
28
Summarized in percentage terms
Appellant
Custody
Access
Mobility
Spousal
Support
Child
Support
Equalization
Other
Costs
% Chance of Male Win
0.0
0.0
0.0
23.0
27.3
28.6
20.0
2.4
% Chance of Female Win
50.0
NA
50.0
100.0
71.4
100.0
57.1
68.3
It can be concluded that on a family issue a woman has a (50/70 x 100) 71.4 % chance of winning, and a man has a (12/91 x 100) 13.1 % % chance of winning when appearing before a panel with Justice Weiler on it. Success as decided by cost penalties assigned was 2.4 % in favor of men, 68.3 % in favor of females and divided 29.3 % of the time.
Appendix A
Legend
Sex of Lawyer M = Male F = Female Sr = Self Represented
(m) = Hired by the Man (f) = Hired by the woman
Cost Penalty (w) Woman Wins (m) = Man Wins nc = No Costs
res = Reserved for Trial
Sex of Appellant M = Man W = Woman
Grounds (W) = Win C = Custody M = Mobility CS = Child Support
of Appeal
or Cross (L) = Lose A = Access O = Other SS = Spousal Support
Appeal
EQ = Equalization
Panel Judge 1 or 2 Alb = Abella JA Fld = Feldman JA Char = Charron JA
Sim = Simmons JA Wlr = Weiler JA Lng = Lang JA
McM = McMurtry former CJO OCnr = O’Connor DCJO
Gdge = Goudge JA Arm = Arstrong JA Brn = Borin JA
Mcfd = Macfarland JA Macp = Macphearson JA Gil = Gillese JA
Crnk = Cronk JA Catz = Catzman JA Mold = Moldaver JA
Lbse = Labrosse JA Shrp = Sharp JA Rsbg = Rosenberg JA
Appendix A6 — Cases Examined for Justice Weiler
Sex of Lawyer ( wining / losing)
Cost Penalty (sex of wining appellant)
Sex. of appellant
Grounds of Appeal . ( Win/Lose )
Cross. Appeal. (Win / Lose )
Panel Judge . 1
Panel Judge . 2
(w)
1999
Babij v Babij (March 19)
W
(W) SS, EQ, O
McM
Gdge
F v m
(w) 6200
2003
Ballentine v Ballentine (June 27)
M
(L) SS, O
McM
Mcph
2002
Bjornson v Creighton (November 19)
W
(L) M
(L) C
Lask
Ast
M v m
(m) 3500
1999
Brans v Brans (May 14)
W
(L) CS, O
Drty
Rsbg
F v sr
nc
2004
Brown v Ferguson (November 30)
M
(L) CS, SS
Arm
Blr
F v m
(w)
2002
Chan v Lam (March 26)
W
(W) EQ, O
Crnk
Crty
F v m
(w)
2001
Cho v Cho (October 5)
W
(W) CS
Find
Osbn
nc
2003
Contino v Leonelli – Contino (October 28)
M
(W) CS
(W) CS
OCnr
Rsbg
F v f
nc
1997
Davidson v Davidson (March 4)
M
(W) EQ
(W) CS
Osbn
Lbse
F v sr
(w) 960
2006
Dhanna v Dhanna (March 8)
M
(L) O
Blr
Roul
M v sr
(w) 5000
2005
Garvey v Chiarelli (July5)
M
(L) C, A, CS, O
(L) CS
Lng
Mold
M v m
nc
1994
Gleich v Kunde (March 25)
M
(W) SS, O (L) CS
Hould
Good
M v m
(w) 10000
2005
Greenberg v Daniels (January 17)
M
(L) SS
Sim
Mold
M v m
nc
2004
Horner v Horner (October 21)
W
(W) CS, SS
(W) SS
Blr
Rsb
M v m
nc
1996
Huisman v Huisman (June 14)
M
(W) SS,EQ
McM
Catz
M v m
(w)
2001
Hutchinson v Hutchinson ( January 15)
W
(W) EQ
Lasl
Char
(w) 5000
1998
Irwin v. Irwin (September 10)
M
(L) C, A
Alb
OCnr
F v m (m)
nc
2006
Jordan v Jordan (January 17)
M
(W) O
Lask
Rsbg
F v m
(w) 10000
2005
Kaplanis v Kaplanis (January 31)
W
(W) C
(L) EQ
Arm
Blr
M v m
(w) 9000
2002
Klerides v Klerides (May 30)
M
(W) CS, SS (L) EQ
Sim
Gdge
F v m(m)
nc
2003
K(MS) v T(TL) (February)
W
(W) O
Catz
Mold
2004
Korutowska – Wooff v Wooff (August 4)
M
(L) C
Fld
F v f
nc
2005
Ladisa v Ladisa (January 31)
W
(W)CS,SS (L) C
Blr
Arm
F v m
(w)
2001
Lamarche v Crevier (November 9)
M
(W)EQ (L)CS, SS
Fld
Lbse
M v m
(w)
1998
Luckhurst v Luckhurst (June 4)
M
(L) M
Osbn, Hould
Mck, Dub
F v m
(w) 35000
2003
Marinangeli v Marinangeli (July 11)
M
(W) CS (L) CS, SS
OCnr
Rsbg
M v m
(w) 7000
1996
Merklinger v Merklinger (November 20)
M
(L)CS, SS, EQ
Osbn
Lbse
F v m
(w)
1997
Politi v Politi (April 18)
M
(L) CS, EQ, O
Lask
Alb
F v f
nc
1999
Rechsteiner v Kendall (October 25)
W
(W) M
Lbse
Gdge
M v m
(w) 24000
2002
Roseneck v Gowling (December 24)
M
(W) O
(L) SS
Arm
Catz
F v m
(w)
1999
Bennet v Bennet (June 16)
M
(L) O
Char
Brke
M v m
(w)
Boa v Boa (Novemeber 18)
M
(L) EQ
Osbn
Lbse
F v f
(w) 3000
2002
Boucher v Boucher (June 9)
M
(L) O
Lask
Gdge
M v m
nc
2004
Boudreau v Boudreau (April 14)
W
(L) O
Alb
Arm
F v sr
(w) 5000
2006
Abosh v White ( December 7)
M
(L) O
Gdge
Sim
2006
Kukanova v Kukanova (January 10)
M
(L) SS
Lask
Rsbg
Sr v sr
(w) 1621
2007
Laurin v Martin (April 5)
M
(L) O
Lafm
Mcph
F v m
(w) 6000
2007
Loit v Gove (May 8)
M
(L) SS, O
Feld
Lafm
nc
1996
Adams v Adams (November 19)
W
(W) O
Osbn
Lbrse
1996
Pollack v Pollack (May 7)
M
(L) SS
Lask
Arb
M v sr
(w)
1999
Teeple v Teeple (September 24)
W
(W) SS
Gdge
Lbse
F v m (w)
nc
2005
Goeldner v Goeldner (January 13)
W
(W) SS (L) O
Sim
Mold
Sr v sr
(w) 2888
2007
Maphangoh v Maphangoh (June 11)
M
(L) SS, O
Mold
Blr
M v m
(w) 5500
2006
Cook v Sacco (October 18)
M
(L) C, CS, SS
Blr
Roul
M v m
(w) 3500
2006
Shea v Fraser (December 5)
M
(W) EQ (L) CS
Gdge
Crnk
M v f
(w)
1997
Forler v Forler (April 7)
W
(W) SS
Wlr
Hldn
F v f
1997
Therrien – Cliché v Cliché (April 1)
M
(L) O
Feld
Lbse
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