Sentences with phrase «for reasonable apprehension of bias»
The test for reasonable apprehension of bias is well known.
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The legal test for a reasonable apprehension of bias is whether an informed person, viewing the matter realistically and practically and having thought the matter through, would think that it is more likely... [more]
Language Rights / Judges: Minority Language Rights; Reasonable Apprehension of Bias Yukon Francophone School Board, Education Area # 23 v.Yukon (Attorney General), 2015 SCC 25 (35823) The test for reasonable apprehension of bias is what would a reasonable, informed person think.
The legal test for a reasonable apprehension of bias is whether an informed person, viewing the matter realistically and practically and having thought the matter through, would think that it is more likely than not that the decision - maker consciously or unconsciously would not decide the matter fairly (Committee for Justice and Liberty v. National Energy Board, 1976 CanLII 2 (SCC), [1978] 1 S.C.R. 369).
In this respect, the Appeals Court referenced the «undisputed test for reasonable apprehension of bias» as summarized by the Supreme Court of Canada in the 2015 case Yukon Francophone School Board, Education Area No. 23 v. Yukon Territory (Attorney General).
The well - known test for reasonable apprehension of bias is set out in Committee for Justice & Liberty v. Canada (National Energy Board), [1978] 1 S.C.R. 369, at p. 394:
Teitelbaum J. applied the test for reasonable apprehension of bias in Committee for Justice and Liberty v. National Energy Board,
(Given the importance of the court's decision as the foundation of our current test for reasonable apprehension of bias, it is surprising and unfortunate that it is not available on CanLII or the FCA website.)
Not exact matches
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.
A finding of reasonable apprehension of bias in these circumstances may make it more difficult for future arbitrator - practitioners in specialized areas.
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]
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.
Appeal Board decision: The Investigative Committee appealed the panel's decision to the Appeal Board of APEGA, which quashed the panel's decision and remitted the matter to a differently - constituted discipline panel for a new hearing; the panel erred in finding that the Investigative Committee had to approve specific charges, and in finding that the referral by the Investigative Committee was tainted by 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.
The well known test for «reasonable apprehension of bias» is whether an informed person, viewing the matter realistically and practically — and having thought the matter through — would conclude that it is more likely than not that the decision - maker, whether consciously or unconsciously, would not decide the matter fairly.
Shortly before the consultation date on November 28, 2013, I was advised that the College had received a letter suggesting that an application for judicial review would be made of a ratio review panel decision that I had chaired (which had issued over 6 months ago), on the basis of «a reasonable apprehension of bias».
A recent lower court decision in Ontario (Robinson v Lepage, 2015 ONSC 3128) found that a paralegal firm's online donation to a part - time Small Claims court judge for a charity bike race raised a reasonable apprehension of bias.