Sentences with phrase «reasonable apprehension»
"Reasonable apprehension" is a term that means feeling worried or fearful about something, but it is based on logical and understandable reasons. It is a realistic or sensible sense of concern or anxiety. Full definition
A finding of reasonable apprehension of bias in these circumstances may make it more difficult for future arbitrator - practitioners in specialized areas.
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Physical threat means conduct that places a person in reasonable apprehension of imminent, serious physical harm and includes any attempt or actual infliction of physical harm.
An act by the perpetrator that creates reasonable apprehension of harm by the victim (someone coming at you with a baseball bat).
(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.)
For example a threat to harm combined with raising your fists in a threatening manner may be sufficient if it causes reasonable apprehension of harm in the victim.
Situations where reasonable apprehension of bias may be found include...
Moreover, a perfectly reasonable apprehension of danger may arise long before the officer is possessed of adequate information to justify taking a person into custody for
The RDS case also emphasized at para 114 that whether reasonable apprehension of bias arises depends entirely on the facts of the case.
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.
The legal test is thus one of reasonable apprehension which is the sole standard for judicial disqualification in Canadian law.
The court, citing previous decisions of the Supreme Court of Canada, said one of the considerations in determining reasonable apprehension of bias is the «special circumstances of the tribunal.»
I would have loved to have been in the classroom with him when reasonable apprehension of bias was discussed.
Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or
The threat, which must be believed to be imminent, must cause reasonable apprehension in the plaintiff.
Where reasonable apprehension of bias has been found, it is often in conjunction with other statements and contextual factors at hand.
Teitelbaum J. applied the test for reasonable apprehension of bias in Committee for Justice and Liberty v. National Energy Board,
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.
It also raises issues of reasonable apprehension of bias, the provision of written reasons as part of the duty of fairness, and the role of children's interests in reviewing decisions made pursuant to s. 114 (2).
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.»
He further submitted that the judge erred in finding that there was a reasonable apprehension of harm based on the evidence.
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.
The franchisor argued that, even though the other cases had been settled, there was a reasonable apprehension that the arbitrator was biased in favour of the expert he had previously retained.
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 Court of Appeal found a reasonable apprehension of bias; the extent, manner, and substance of the questioning «brought the adjudicators into the arena, with the demeanor of prosecutors» [21].
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.
If a person has been the victim of physical harm or there is a reasonable apprehension of physical harm, he or she likely has grounds to seek a protective order.
Fault for a divorce in Virginia may be attributable to adultery, felony conviction and imprisonment, cruelty or reasonable apprehension of physical harm, or abandonment and desertion.
The Court of Appeal held that in this case, there was a reasonable apprehension of a conflict between the interests of Reeb and RSA, which precluded the Court from ruling on the merits of the appeal.
Dr. Al - Ghamdi's position is threefold: that the process was unfair, that there is a reasonable apprehension of bias concerning the Chief Commissioner and others connected to the Alberta Human Rights Commission, and that the decision is unreasonable.
Section 35 says you're justified in using force if «on reasonable grounds» you have the «reasonable apprehension» that you might be killed or grievously harmed.
Cruelty requires a spouse to establish that there was at least a reasonable apprehension of bodily harm.
In other words, he has accused her of intentionally causing him to experience a reasonable apprehension of impending violence.
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]
Refining the Reasonable Apprehension of Bias Test: Providing Judges Better Tools for Addressing Judicial Disqualification Jula Hughes & Philip Bryden 36:1 Dalhousie Law Journal (2013) 171 - 192
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.
(b) the deficiencies give rise to a reasonable apprehension that the quality of service to clients may be adversely affected.»
There are two types of bias that can invalidate a decision: material interest and reasonable apprehension of bias.