After dealing a very public and nasty divorce, it's been reported that Claman lost a bid to get a new judge in her continuing battle over money and child custody with her ex-husband, Eran Friedlander.
Back in 2014, B.C. Supreme Court Justice Miriam Gropper presided over their 10-day divorce trial, granted them a divorce in November of that year and has handled multiple post-trial hearings by both parties since.
The Province reports that on Monday, November 23, the judge rejected Claman’s claim that she couldn’t get a fair hearing from Gropper. The judge had ruled in other past proceedings that Claman lied and attempted to manipulate the court.
Claman’s lawyer, Larry Kahn, told the court that Claman’s understanding “is that no matter what she says she won’t be believed.”
Claman also claimed that because the judge’s family is active in the Vancouver Jewish community, Gropper’s impartiality was in question, as the child attends a Jewish school.
Back in March, Gropper awarded Friedlander final say on the now eight-year-old child’s education and religious upbringing. Claman is seeking to vary that order, claiming changing circumstances, in a chambers hearing set for Wednesday.
Jody claim of bias on the part of the judge “is more than offensive,” Friedlander’s lawyer, Karen Thompson, argued Monday, saying Claman “isn’t getting her way and she wants another judge.”
Thompson said if the judge recused herself from further proceedings, that could cast doubt on the trial results. However, the judge was obliged to continue on the case, Thompson argued: “Your ladyship simply doesn’t have the discretion to decline the case.”
In ruling to stay on the case, Gropper said, “it is not a matter of whether I like the respondent (Claman) or approve of her activities ... litigation is not a popularity contest.”
In a separate action, Claman’s challenge to the judge’s financial ruling is in appeal court.
Claman declined to comment, saying she was under a gag order.
Source/Photo Credit: The Province
