Sentences with phrase «apprehension of bias arising»

«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.

No apprehension of bias arising from complainant and counsel statements to the media: The College submitted a reasonable apprehension arose from comments by the complainants and their legal counsel to the news media about government efforts to thwart the hearing of the complaint.

Groia is seeking to have Wardle recused from that panel because as Canadian Lawyer reports, ««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.....

The RDS case also emphasized at para 114 that whether reasonable apprehension of bias arises depends entirely on the facts of the case.

The other members of the court (Simmons J.A. and Cronk J.A.) in separate concurring reasons, did not frame the proposition as broadly and cautioned that the jurisdiction to effect error correction will be precluded where it is tantamount to a reconsideration of the verdict or sentence or where issues of unfairness or injustice to the accused or reasonable apprehension of bias arise: (per Cronk J.A. at para. 60).