Above All Else, Be Reasonable

A recent decision of the Ontario Superior Court of Justice, in the matter of Code Inc. v. Independent High Electoral Commission et al., reminds us that the reasonable position will usually win the day. We all know that judges and masters strive to do justice, to be fair and reasonable, and to craft judicious resolutions — but sometimes, in the heat of battle, we forget that and we insist on positions that may be "right" but, perhaps, not always reasonable. This case demonstrates the risk of that approach. It is also a judicial endorsement of the use of video conferencing for out-of-court examination of witnesses.

In Code Inc. v. Independent High Electoral Commission et al., 2012 ONSC 2208 (CanLII), Master Roger was called upon to choose between two alternate proposals for the conduct of cross-examinations of foreign witnesses.