Sentences with phrase «apprehension of bias does»

Not exact matches

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.

Commission scolaire francophone du Yukon no. 23 v. Yukon (Procureure générale), 2014 YKCA 4 There is a publication ban in this case, in the context of a recusal motion based on alleged reasonable apprehension of bias.

Self - represented applicants at the Human Rights Tribunal of Ontario have raised the issue of bias directly or indirectly through expressed concerns about lawyers on the Tribunal's practice advisory committee appearing for respondents: see Guilmoutdinov v. Ontario College of Teachers (2009 HRTO 2130), for example, where the adjudicator noted that advisory committees were frequently used by tribunals to promote responsiveness to the communities they serve and concluded that membership on the committee did not create a reasonable apprehension of bias.

While the Court of Appeal clearly rejected the Appellant's submission that the Motion Judge's comments raised a reasonable apprehension of bias in this case (describing the argument as «baseless» at para. 7), the Court of Appeal did not wholeheartedly endorse the approach taken by the Motions Judge either:

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).

It also held that the past association did not constitute a reasonable apprehension of bias.

The mere fact that an adjudicator determines a request for reconsideration of his or her own decision does not, in and of itself, create a reasonable apprehension of bias in the context of this legislative scheme.

In the context of this case, Cory J. held that the comments by the trial judge were «unfortunate», «worrisome» and «come very close to the line» but when considered in light of the submissions and evidence in the case, did not in his view give rise to a reasonable apprehension of bias.

Three judges of the Court dissented and found the comments did create a reasonable apprehension of bias, as it suggested factors not in evidence influenced the trial judge's determination of credibility.

«You don't want to encourage litigants to lie in the weeds with issues of reasonable apprehension of bias and then raise them after they lose.»

D.G.C did not allege actual bias, instead submitted that his retainer of Sachs in 1998, when she was in private practice, and his disclosure of privileged information to her at that time, gives rise to a «reasonable apprehension of bias» in respect of the judge's participation in the decision.