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The court dismissed a recusal application in this family law proceeding, holding that dissatisfaction with interlocutory rulings and alleged bias did not meet the legal test.
Appeal from the refusal to reopen a trial for fresh evidence and to declare a mistrial was dismissed. The Court also awarded special costs for unsupported perjury allegations.
The appeal is dismissed because the appellant did not tender the prescribed witness fees as required by Rule 42, there was no sworn evidence establishing perjury by prosecuted counsel, the prothonotary had jurisdiction under Rule 50(1) to strike the action regardless of the amount claimed, and the action was properly characterized as vexatious and without prospect of success.
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The trial judge made unequivocal credibility findings accepting the complainant, found corroboration in witness evidence and photographs, and was satisfied beyond a reasonable doubt that the offences were proven; any confusing phraseology did not amount to legal error and the verdict was reasonable and supported by the evidence; appeal dismissed.
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