Sentences with phrase «of reasonable apprehension of bias»

«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.»

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.

I have never met the trial judge (the Hon. Charbonneau) or any of the other judges involved against whom accusations of reasonable apprehension of bias were leveled.

After opening statement, the respondent brought a motion asking that I recuse myself on the basis of a reasonable apprehension of bias.

The defendant also unsuccessfully challenged other judges who heard motions in the case on the grounds of reasonable 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.

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

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

Not exact matches

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.

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?

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...

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.

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.»

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.

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).

The court was also concerned that the trial judge's treatment of counsel «with a lack of respect on many occasions during the trial» contributed to the conclusion that there was a reasonable apprehension of bias.

(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.)

I would have loved to have been in the classroom with him when reasonable apprehension of bias was discussed.

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.

They argued, based on Rehaag's statistical analysis, that the rate at which Member McBean granted refugee claims raised a reasonable apprehension of bias: a fair - minded observer would not conclude that the decision - maker had decided the case fairly.

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.