Much to lean from a Canadian judge whose work sparkles … Litigants and witnesses mercilessly sprayed in delicious asides … We should have more of it 

WHY haven’t we heard more about Justice J.W. Quinn from the Ontario Superior Court? 

Here’s a judge who brings a distinctive brand of amusement, sideswipes and put-downs to his work. 

The usual judicial slog is replaced with sparkle and good quality insults. There should be more of it and the great, grey phalanx of the judiciary in Australia could pick up a few handy tips. 

Much is of the joy is to be found in the footnotes to Quinn’s judgments. 

Some of his work can be discovered on this offbeat judgments website – judging with attitude.  

One of our favourites from Quinn is The Hearing Clinic (Niagara Falls) Inc v 866073 Ontario Ltd, Terry and Dee Lewis.  

The case concerns the 2006 sale and purchase of a hearing clinic. Defendants Terry and Dee Lewis (866073 Ontario Ltd), owners of the clinic, were accused of knowingly making fraudulent representations and withholding information. 

The plaintiff, Stefan Fridriksson of the Niagara Falls Hearing Clinic claims to have overpaid for the purchase of the clinic. 

Justice Quinn concluded that fraudulent misrepresentation had not been proved, although the plaintiff was awarded $423.20 for defendants’ breach of contract. 

As the judge put it: 

“The case for the plaintiff was leaking oil (at one point, I thought that I saw smoke) and everyone who was paying attention realized that whatever damages were at issue in the trial would be swamped by the costs tsunami that was approaching.” 

And later: 

“Costs will be a challenge. I expect that they are enormous. I would not be surprised to learn that solicitor-and-client costs exceed $1 million for each side.” 

Here are the main gems we’ve extracted from his reasons.