ONTARIO COURT OF APPEAL JUDGES
This is a judge who has a hell of a notorious record for denying fundamental rights.
Gerstner v. Borg Feb 10, 1999 Doc. CA C29403 Austin
The Honourable Justice Kathryn N. Feldman
Brief (OFFICIAL) Biographical Note of Justice Kathryn N. Feldman
Justice Feldman received her B.A. from the University of Toronto in 1970 and her LL.B. from the University of Toronto, Faculty of Law in 1973, where she was co-editor of the University of Toronto Faculty of Law Review and recipient of the Dean's Key. She is a former partner of the firm of Blake, Cassels & Graydon where she practised in the areas of civil litigation and administrative law. Justice Feldman was appointed as a Justice of the Ontario Court of Justice (General Division) on December 24, 1990 and sat on the Commercial List as well as on criminal and civil matters. She was appointed to the Court of Appeal for Ontario on June 11, 1998. Since her appointment to the Bench, Justice Feldman has participated in numerous continuing legal education programs for law students, lawyers and judges as a lecturer and seminar leader, and has served as a frequent member of the final bench of a number of moot courts. She has served as the Chair and Co-chair of the Insurance Committee of the Canadian Superior Court Judges Association since 1992, and in January 2001 she became the first recipient of the Canadian Superior Court Judges Association President’s Award. As an alumna of the U. of T., she served on the Moss Scholarship Selection Committee of the University of Toronto Alumni Association for six years, three years as Chair, and is a recipient of the Toronto Arbor Award. She is currently a member of the University of Toronto President’s International Alumni Council (PIAC).
The following information about Justice Kathrn N. Feldman is supplied by Peter Roscoe who has done a great deal of work detailing the bias against men by judges.
"It can be concluded that on a family issue a woman has a 73.5 % chance of winning, and a man has a 22.8 % % chance of winning when appearing before a panel with Justice Feldman on it. Success as decided by cost penalties assigned was 13.2 % in favour of men, 62.3 % in favour of females, and divided 24.5 % of the time."
This is the beginning of the remake on the C of A. Another law school thesis. The one they want to publish. Feldmans one of the worst. I'm just figuring how to present data. Sorry the appendix isn't currently well explained. Have stats for 25 C of A judges. While individual categories may be low data by the tme they are compiled for all judges confidence can be achieved. You can show discrimination by year, judge, and issue. I believe $ values for costs will be compiled for the total, not individual judges.Peter Roscoe
Judicial Bias at the Court of Appeal 2007
Apr 2006, Revised Sept 2007
For Justice Feldman, a summary of family decisions produces
Appellant |
Custody |
Access |
Mobility |
Spousal Support |
Child Support |
Equalization |
Other |
Costs |
Number of Males |
7 |
5 |
0 |
11 |
7 |
10 |
10 |
53 |
Number of Male Wins |
0 |
2 |
0 |
4 |
1 |
2 |
4 |
7 |
Appellant |
Custody |
Access |
Mobility |
Spousal Support |
Child Support |
Equalization |
Other |
Costs |
Number of Females |
2 |
0 |
1 |
9 |
7 |
5 |
11 |
53 |
Number of Female Wins |
1 |
0 |
1 |
9 |
6 |
2 |
7 |
33 |
Summarized in percentage terms
Appellant |
Custody |
Access |
Mobility |
Spousal Support |
Child Support |
Equalization |
Other |
Costs |
% Chance of Male Win |
0.0 |
40.0 |
NA |
36.4 |
14.3 |
20.0 |
40.0 |
13.2 |
% Chance of Female Win |
50.0 |
NA |
100.0 |
100.0 |
85.7 |
40.0 |
63.6 |
62.3 |
It can be concluded that on a family issue a woman has a (58/87 x 100) 66.7 % chance of winning, and a man has a (20/110 x 100) 18.2 % % chance of winning when appearing before a panel with Justice Feldman on it. Success as decided by cost penalties assigned was 13.2 % in favor of men, 62.3 % in favor of females and divided 24.5 % of the time.
Appendix A
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
Lask = Laskin JA Blr = Blair JA Jur = Juriansz JA
Roul = Rouleau JA Kvr = Kriever JA Osb = Osbourne JA
Mord = Morden JA Ast = Austin JA Crty = Carthy JA
Appendix A2 — Cases Examined for Justice Feldman
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 |
F v m |
(w) |
1998 |
Bezanson v Falle (December 23) |
W |
(W) CS O |
|
Krv |
Mck |
F v m (m) |
nc |
1999 |
Gerstner v Borg (February 10) |
M |
(W) O |
|
Shrp |
Ast |
Sr v m (m) |
nc |
1999 |
Lee v. Lee (August 5, 1999) |
M |
(L) CS |
|
Char |
Ocnr |
F v m |
(w) |
1999 |
Swanson v Swanson (February 16) |
M |
(W) O |
|
Krvr |
Mckn |
M v f |
(w) 4000 |
1999 |
Shortman v Shortman (Aug 6) |
M |
(L) SS EQ O |
|
Char |
Ocnr |
M v f |
def |
1999 |
Murphy v Murphy (January 29) |
M |
(W) EQ |
|
Mold |
Shrp |
|
(w) 2000 |
1999 |
Otterbein v Otterbein (Aug 6) |
W |
(W) SS |
|
Char |
Ocnr |
M v m |
(w) 2000 c |
1999 |
Kardish v Kardish (Mar 1 1999) |
W |
(W) O |
|
Char |
Lbse |
F v m |
(w) |
1999 |
Pollastro v Pollastro (February 25) |
W |
(W) C |
|
Abl |
Catz |
M v m |
(w) |
2000 |
Yackobeck v Hartwig (Aug 17) |
M |
(L) SS, EQ |
|
McM |
Brn |
F v m |
(w) 6000 |
2000 |
Leavoy v Leavoy (September 13) |
M |
(L) O |
|
Lask |
Ggde |
F v m (m) |
nc |
2001 |
Cole v Kew (Mar 6) |
M |
(L) C |
(L) EQ |
Sim |
Crty |
M v f |
(m) |
2001 |
Katsigiannis v Kottick Katsigiannis (April 3) |
W |
(L) C |
|
Lask |
Osbn |
F v m (m) |
nc |
2001 |
Maurici v Maurici (February 20) |
W |
(W) SS (L) EQ |
(L) SS |
Brn |
Fnly |
M v m |
(w) |
2001 |
Scheel v Henkleman (January 16) |
W |
(W) SS |
|
McM |
Brn |
M v m |
(w) |
2001 |
Stone v Stone (August 10) |
M |
(L) EQ, O |
|
Catz |
Shrp |
M v m |
nc |
2001 |
Wreggitt v Belanger (December 10) |
M |
(W) A (L) C |
|
Lask |
Sim |
F v m |
(w) |
2001 |
Scanlon v Standish (Oct 12) |
M |
(L) EQ |
|
Shrp |
Rsbg |
M v m |
(w) |
2001 |
Difrancesco v Coutu (September 4) |
W |
(W) CS |
|
Lask |
Sim |
M v m |
(m) |
2001 |
Wamsley v Wamsley (February 14) |
M |
(W) EQ |
|
Char |
Mord |
M v m |
(w) |
2002 |
Brown v Brown (February 27 ) |
M |
(W) O (L) C, A, CS, SS, EQ |
(W) CS |
Rsbg |
Gil |
M v f |
(w) 20000 |
2002 |
Johnson v Cleroux (February 25) |
W |
(W) M, O |
(L) C |
Rsbg |
Gil |
F v sr |
nc |
2002 |
Turner v Viau (April 8 2002) |
W |
(L) O |
|
Sim |
Macp |
F v m |
(w) |
2002 |
Wright v Zavier (March 26) |
M |
(L) CS |
|
Char, Sim |
Shrp, Crty |
M v m |
(w) 2500 c |
2002 |
Collier v Tobar (June 19 ) |
M |
(L) EQ |
|
Rsbg |
Crnk |
M v m |
(m) 4000 |
2002 |
Wright v Wright (February 28) |
W |
(L) O |
|
Feld |
Shrp |
M v f |
(w) 10000 |
2003 |
Sydor v Sydor (October 2) |
W |
(W) EQ |
|
Crnk |
Arm |
F v m |
(m) 5000 |
2003 |
Ruster v Ruster (September 11) |
W |
(L) EQ |
|
Lask |
Arm |
M v f |
(w) 3000 |
2003 |
Durocher v Lauzon (July 7) |
M |
(W) SS (L) A, O |
|
Catz |
Gil |
M v sr |
nc |
2003 |
Palmer v Palmer (November 12) |
W |
(W) SS |
|
Gil |
Arm |
M v m |
(w) 6250 |
2004 |
Arella v Scobak (July 15) |
W |
(W) SS |
|
McM |
Brn |
M v f |
(w) 9000 |
2004 |
Kelly v Kelly (May 7) |
W |
(W) SS, EQ |
|
Lask |
Drty |
|
|
2004 |
Koutowska Woof v Woof (August 4) |
M |
(L) C |
|
Wlr |
|
F v f |
nc |
2004 |
Mancini v Mancini (February 2) |
W |
(W) O |
|
Crnk |
Macp |
F v M |
(w) 10000 |
2004 |
Roscoe v Roscoe (July 9) |
M |
(L) C, A, CS |
|
McM |
Brn |
F v m (m) |
nc |
2004 |
Walsh v Walsh (February 2) |
M |
(W) SS |
|
Lask |
Gdge |
F v f |
(w) 4500 |
2005 |
Bremer v Bremer (February 21) |
M |
(W) SS O (L) SS, EQ |
|
Sim |
Gil |
M v sr |
nc |
2005 |
Sharpe v Waterhouse (February 11) |
W |
(W) CS |
|
Sim |
Gil |
F v m |
(w) |
2005 |
Tierney – Hynes v Hynes (June 28) |
W |
(W) SS |
|
Gdge, Brn |
Lng, Juri |
M v m |
(w) 10000 |
2005 |
McGouran v Connelly (September 9) |
M |
(L) CS |
(W)CS |
Gdge |
McFd |
M v m |
(m) 8000 |
2005 |
Zomparelli v Zomparwlli (January 31) |
W |
(L) CS, O |
|
Sim |
Gil |
|
(w) 8500 |
2005 |
Vaccaro v Vaccaro (February 18) |
M |
(L) EQ |
|
Crnk |
Lafm |
F v m |
(m) 7500 |
2006 |
Bodnar v Blackman (June 14) |
M |
(W) CS |
|
Lask |
Gil |
M v sr |
(w) 1000 |
2006 |
Sasseville v Sasseville ( Apr4) |
W |
(W) SS |
|
Gdge |
Rsbg |
F v sr |
(w) 5567 |
2006 |
Cianciusi v Cianciusi ( May 18) |
M |
(W) A (L) |
|
Lbse |
Mold |
F v m (m) |
nc |
2006 |
Schnarr v Schnarr (January 9) |
W |
(W) O |
|
Lng |
Lafm |
M v sr |
(w) 5000 |
2006 |
Stancheff v Stancheff (January 11) |
M |
(L) O |
|
Lng |
Lsfm |
M v sr |
(w) 4500 |
2006 |
Pirner v Pirner (January 12) |
M |
(L) C |
|
Sim |
Lafm |
M v m |
(w) 8000 |
2007 |
Fendelet v Dohey (June 21) |
M |
(L) CS, SS |
|
Gil |
Mcfd |
F v m |
(w) 6000 |
2007 |
Loit v Gove (May 8) |
M |
(L) SS, O |
|
Weil |
Lafm |
M v m |
(w) 5000 |
2006 |
Ng v Yam (April 6) |
M |
(L) O |
|
Gdge |
Rsbg |
F v m (m) |
nc |
2007 |
Okmyansky v Okmyansky (March 16) |
M |
(W) SS (L) O |
|
Sim |
Shrp |
F v m |
(m) 5000 |
2007 |
Weinrib v Bake (January 25) |
W |
(L) O |
|
Ocnr |
Roul |