Sentences with phrase «apprehension of bias»

A finding of reasonable apprehension of bias in these circumstances may make it more difficult for future arbitrator - practitioners in specialized areas.
There are few reported cases of apprehension of bias in med - arb, so this recent decision from the Ontario Superior Court is instructive.
Teitelbaum J. applied the test for reasonable apprehension of bias in Committee for Justice and Liberty v. National Energy Board,
The Canadian Judicial Council panel's ruling released Aug. 20, states that questioning by the committee's counsel, George Macintosh, of witnesses Michael Sinclair, former managing partner of Douglas» former law firm, and of her husband Jack King, «created a reasonable apprehension of bias on part of members of the committee.»
In contrast, an assertion by a regulator of a reasonable apprehension of bias against an adjudicator of the Human Rights Tribunal, during a complaint by a group of Indo - Canadian veterinarians against the College of Veterinarians of BC, failed dramatically in Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 701 (B.C.S.C.).
The College alleged these events led to a reasonable apprehension of bias by Member Parrack.
The Court of Appeal found that at least a reasonable apprehension of bias existed.
Chapman wanted to be named a necessary respondent to the application from Douglas seeking a review of the inquiry committee's decision not to step down after Douglas» counsel tried to disqualify the committee over alleged apprehension of bias.
D.G.C. said «such a reasonable apprehension of bias requires that the decision be set aside.»
Dr. Al - Ghamdi's position is threefold: that the process was unfair, that there is a reasonable apprehension of bias concerning the Chief Commissioner and others connected to the Alberta Human Rights Commission, and that the decision is unreasonable.
They give rise to a reasonable and irremediable apprehension of bias.
46 In this case, in my view and I so find, there is no reasonable apprehension of bias established.
The Court of Appeal dealt with it on the basis of reasonable apprehension of bias principles.
19 Today, instead of the presumption that a judge who meets with counsel in a pretrial hearing will not handle subsequent substantive matters without the consent of the parties, we have a presumption that such a judge may handle subsequent substantive matters without consent unless there is a real apprehension of bias.
Indeed an allegation of reasonable apprehension of bias calls into question not simply the personal integrity of the judge, but the integrity of the entire administration of justice.
However, care must be taken to ensure fairness, and to ensure that a reasonable apprehension of bias does not arise.
Topics discussed include apprehension of bias in tribunal decisions, the impact of a breach of the duty of fairness, components of the right to a fair hearing, and more.
It's a reasonable apprehension of bias question: how would the reasonable and well - informed person view this?
Akhtar, the appeal court judge, took issue with much of what Blouin said in acquitting Sibbert, finding the judge had a reasonable apprehension of bias as his comments «strongly suggest that he had prejudged the matter.»
Read generously, paras. 25 and 26 indicate that the Court had the correct test in mind: closed mind standard up to the commencement of the hearing; reasonable apprehension of bias afterward.
The defendant unsuccessfully sought to disqualify Justice Robert Beaudoin on the grounds of reasonable apprehension of bias because there was a scholarship in honour of Justice Beaudoin's deceased son at the University of Ottawa where his son had attended which was funded by the Beaudoin family and the Government of Ontario.
«There is a reasonable apprehension of bias arising from the fact that partners and associates at Mr. Wardle's firm, Wardle Daley Bernstein LLP, regularly represent the Ontario Securities Commission as prosecutors and are closely involved in proceedings at the OSC and that Wardle LLP also regularly represents the Law Society of Upper Canada as prosecutors in discipline proceedings,» wrote Groia's counsel, Earl Cherniak, in a June 5 notice of motion.
He argued that the adjudicator created a reasonable apprehension of bias on more than one occasion as a result of both his comments and his actions during the course of the proceedings.
The first trial decision was appealed on the grounds that the trial judge showed a reasonable apprehension of bias against the plaintiffs, and as a result, a second trial was ordered.
The Supreme Court of Canada held a reasonable apprehension of bias existed and rendered the decision void.
The inquiry committee investigating a sexual harassment and discrimination complaint against Manitoba Court of Queen's Bench Associate Chief Justice Lori Douglas said it will not step down after Douglas» counsel tried to disqualify the committee over an alleged apprehension of bias.
«Apprehension of bias requires a demonstration that the grounds for this apprehension must be substantial, that a real likelihood of bias exists and that a mere suspension is not enough: R. v. S. (R.D.), [1997] 3 S.C.R. 484, 118 C.C.C. (3d) 353.»
[30] The lack of confidence of an open mind in the face of a clearly adverse attitude reflected in a history of adverse behaviour is, in our view, sufficient in this case to find that a reasonable and informed person who thought the matter through would have a reasonable apprehension of bias in Croswell.
The business case for civility by the adjudicator is clear — crossing the line can result in a finding of apprehension of bias and a repeat of a hearing (with a different adjudicator).
The RDS case also emphasized at para 114 that whether reasonable apprehension of bias arises depends entirely on the facts of the case.
The issue in Jacob Securities Inc. v Typhoon Capital B.V., was whether an arbitrator's failure to disclose a potential conflict of interest involving his former law firm gave rise to justifiable doubts as to his independence or impartiality and a reasonable apprehension of bias.
It ruled Stroud had showed a «reasonable apprehension of bias» in favour of one of the parties.
It also raises issues of reasonable apprehension of bias, the provision of written reasons as part of the duty of fairness, and the role of children's interests in reviewing decisions made pursuant to s. 114 (2).
In her 21 - page decision yesterday removing Stroud, Justice Cindy Bourgeois noted: «The comments would certainly contribute to a reasonable person concluding there was a reasonable apprehension of bias, and that the provincial court judge's mind was not «perfectly open'to the positions of both parties.»
A reasonable apprehension of bias, especially if litigation has a religious / anti-religious component, is usually sufficient.
Ripley filed an application for Stroud's removal before the Supreme Court and argued at the hearing last month in Sydney that viewed collectively Stroud's comments amounted to a reasonable apprehension of bias.
Does that mean there is an apprehension of bias against that expert in any future arbitration?
A recent decision of the Superior Court of Justice in Ontario illustrates the problem of deciding whether there is a «reasonable» apprehension of bias in any particular case.
However, the court found that the professional relationship between the arbitrator and the expert on a number of similar franchise disputes did give rise to a reasonable apprehension of bias.
The Court of Appeal found a reasonable apprehension of bias; the extent, manner, and substance of the questioning «brought the adjudicators into the arena, with the demeanor of prosecutors» [21].
The reasonable apprehension of bias could not be validated by the later decision of the tribunal.
An oddly low rate of acceptance is not sufficient to establish reasonable «apprehension of bias» in a member of the Immigration and Refugee Board, Federal Court Justice Russel Zinn ruled in a recent case.
The «reasonable apprehension of bias» test for judicial disqualification has been a fixture of Canadian law for many years, at a minimum since its formulation in... [more]
Taken individually, the various adverse findings and criticisms would not be able to withstand appellate review, but they would not necessarily lead to a reasonable apprehension of bias.
There are two types of bias that can invalidate a decision: material interest and reasonable apprehension of bias.
Instead of the presumption that some other judge will conduct the trial we now have the presumption that the judge may conduct the trial unless the defence is able to establish: (1) that there was a free and frank discussion of all aspects of the case including the possibility of a plea of guilty, or (2) that there are some other facts which give rise to a reasonable apprehension of bias.

Phrases with «apprehension of bias»

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