Justice Earl C. Wilson, the case management judge in the case of Carbone v. Megan McMahon and Gowlings, has finally been removed from the case.
The plaintiff's recusal application was scheduled to be heard on February 2, and the parties were informed of Justice Wilson's recusal upon arrival at that hearing, without a recusal hearing even being necessary. A letter from the court's Chief Justice, dated January 28, 2015, also informing of the recusal was received shortly after.
The plaintiff had been seeking this removal for one year since Justice E.C. Wilson was assigned to this case in January 2014 at the blatant judge shopping request of the defendants Megan McMahon, Taryn Burnett, and Gowling Lafleur Henderson, and also amid circumstances of serious conflict of interest and bias.
Prior to this, the plaintiff had sought removal of Justice Wilson from her medical malpractice case, on grounds including that Justice Wilson aligned himself with opposing lawyers Megan McMahon and Taryn Burnett, now defendants in this case, who maliciously harassed and abused the plaintiff to the point of sending her to the emergency. The underlying medical malpractice case was filed after the plaintiff suffered injury by defendant Dr. Peter Whidden, requiring the plaintiff to undergo multiple corrective surgeries. Justice Wilson refused recusal in the medical malpractice case but has now been removed from the case against the lawyers.
The plaintiff's brief that led to the judge's removal can be viewed here.
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