Court strikes down lawsuit against N.S. judge

A Nova Scotia provincial court judge has failed in her bid to sue another judge and the province for $5 million.

In a decision released Friday, a justice of the Nova Scotia Supreme Court struck down civil actions launched by Judge Ricola Brinton against then chief judge Pam Williams and the provincial attorney general.

Brinton launched her lawsuit in September 2023, and it brought a long-festering dispute out into the open.

Brinton was upset by policies Williams introduced during the COVID-19 pandemic allowing only fully vaccinated judges to preside in the province’s courtrooms. Brinton had argued that requiring her to disclose her vaccination status was a violation of her Charter rights.

She has not presided since. Her absence has resulted in the dismissal of at least one case where she heard the evidence and arguments, but did not deliver a verdict.

Decisions ‘were hers to make’: ruling

Lawyers for Williams and the province said Brinton’s lawsuit should be struck in its entirety. They argued the decisions Williams made in her capacity as chief judge were covered by the principle of judicial immunity.

In her ruling, Supreme Court Justice Denise Boudreau agreed, saying the actions Williams took were within the scope of her responsibilities as chief judge. 

“It is entirely clear, in my reading of the cases, that a judge is immune from civil action in relation to both substantive and administrative actions, taken in relation to judicial proceedings,” Boudreau wrote.

“Perhaps one could disagree with the decisions she made, but they were hers to make.”

A novel case

Boudreau also remarked on the unique nature of the case she was being asked to rule on.

“The plaintiff acknowledges that the claim she has put forward is a novel one. In fact, despite both sides presenting me with extensive case law (and I would assume having done extensive research), no one has been able to provide me with a case containing similar facts to the case at bar,” she wrote.

Brinton’s lawyers described a stay as a drastic solution to the issue. 

While the lawsuits have been quashed, the dispute is not over.

Brinton has also made a complaint to the judicial counsel about the decisions Williams made. That complaint was dismissed by Chief Justice Michael Wood. Brinton is now appealing Wood’s decision.