Sentences with phrase «of apprehension of bias»

Parties who raise issues of conflict of interest based on a past role of an adjudicator usually frame that objection as an allegation of an apprehension of bias.

There are few reported cases of apprehension of bias in med - arb, so this recent decision from the Ontario Superior Court is instructive.

Disclosing all previous roles that could raise a hint of an apprehension of bias at the beginning of a hearing would seem to be the most prudent course.

And, of course, any inquiry into an allegation of apprehension of bias is highly fact - specific.

The court noted that the third area of proposed questioning was not relevant, since a continuing relationship to the former firm was not part of the allegation of apprehension of bias raised by PowerServe.

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).

Similarly with judges, there can be no conclusion of apprehension of biases or lack of impartiality due to religious symbols.

Not exact matches

Dismantling crime operations around New Bordeaux often puts Lincoln face to face with factions like the Southern Union (Mafia III's version of the KKK), a racially biased police force and citizens who have no qualm dishing out verbal abuse or outwardly displaying their apprehension at your presence.

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.

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.

A finding of reasonable apprehension of bias in these circumstances may make it more difficult for future arbitrator - practitioners in specialized areas.

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 reasonable apprehension of bias could not be validated by the later decision of the tribunal.

The Court of Appeal found that at least a reasonable apprehension of bias existed.

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]

If it isn't, how many «reasonable apprehension of bias» recusal requests will follow?

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.

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.....

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.

Situations where reasonable apprehension of bias may be found include...

The Court of Appeal dealt with it on the basis of reasonable apprehension of bias principles.

28 On the totality of the record, including the position of the defence at the earlier court appearances as now evident from the additional transcripts, there is no reasonable apprehension of bias or prejudice to the appellant as a result of Andre J. presiding at the pre-trial and the sentencing hearing.

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.

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.

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.»

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.

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

Reasonable apprehension of bias has been rejected where the political activity was historic and has since ceased, or where political donations were made prior to appointment.

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.

Where reasonable apprehension of bias has been found, it is often in conjunction with other statements and contextual factors at hand.

(a) make sufficient inquiries to determine if he or she may have a current or potential conflict of interest or if any circumstances exist that may give rise to a reasonable apprehension of bias; and

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.

The informed person, in deciding whether there is a reasonable apprehension of bias, would also understand the nature of the process of mediation / arbitration.

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 Supreme Court of Canada held a reasonable apprehension of bias existed and rendered the decision void.

(at para 107) Justice Graesser found «no bias or reasonable apprehension of bias on the part of the trial judge» (at para 100), and dismissed the appeal.

First, the applicant argued that the actions of the Dean, in the initial process leading to the applicant's suspension, gave rise to «a reasonable apprehension of bias.»

Further, if the discipline committee (and the entire Board) have been exposed to a «mediation agreement» relating to the respondent, such that the members of the Discipline Committee might be precluded from hearing the matter, due to a reasonable apprehension of bias, a judicial review will still be premature if any possibility remains an unbiased discipline panel being convened.

Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering reasons for judgment; assessing credibility; social media; technology and search warrants; managing a provincial offence trial; effectively communicating an oral judgment; risk assessment and indicators of lethality at bail hearings; the Youth Criminal Justice Act; eye - witness identification; conducting pre-trials; specific issues at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction; search warrant issues; domestic violence issues; orders for examination under the Mental Health Act; child apprehension warrants under the Child and Family Services Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.

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 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.

Garwill Law provides expert legal advice on customs and excise, tariff and excise tax, international trade law, constitutional and Charter law, immigration determinations, and administrative law (such as procedural fairness, reasonable apprehension of bias, or due process in courts and tribunals).

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.