Sentences with phrase «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.

Teitelbaum J. applied the test for reasonable apprehension of bias in Committee for Justice and Liberty v. National Energy Board,

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

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.

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.

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 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.

Read generously, paras. 25 and 26 indicate that the Court had the correct test in mind: closed mind standard up to the commencement of the hearing; reasonable apprehension of bias afterward.

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.

(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.)

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

In R. v. RDS, a judge's statement that she preferred testimony of a defendant in concluding that a young police officer had overreacted as was «the prevalent attitude of the day» became subject to appeal on the basis of reasonable apprehension of bias.

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.»

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 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.

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.

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]

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.

The College alleged these events led to a reasonable apprehension of bias by Member Parrack.

As the latest turn in the ongoing human rights claim by a group of Indo - Canadian veterinarians against the College of Veterinarians of British Columbia (formerly the BCVMA), Mr. Justice Davies of the BC Supreme Court has dismissed the College's petition to have Member, Ms. Judy Parrack, disqualified from continuing to hear the complaint, based on a reasonable apprehension of bias: Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 701 (B.C.S.C.).

46 In this case, in my view and I so find, there is no reasonable apprehension of bias established.

On September 8, 2010, the College applied to have Member Parrack recuse herself based on a reasonable 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.»

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.

It was only in light of all of the incidents, as taken together and viewed in their context, that lead to a conclusoin that a reasonable and informed person would consider the conduct as giving rise to a reasonable apprehension of bias.

(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

In contrast, an assertion by a regulator of a reasonable apprehension of bias against an adjudicator of the Human Rights Tribunal, during a complaint by a group of Indo - Canadian veterinarians against the College of Veterinarians of BC, failed dramatically in Brar v. College of Veterinarians of British Columbia, [2011] B.C.J. No. 701 (B.C.S.C.).

Reasonable apprehension of bias?

However, care must be taken to ensure fairness, and to ensure that a reasonable apprehension of bias does not arise.

His principal ground of appeal is that the trial judge's conduct during the trial, in particular, his intervention during the Crown's cross-examination of the appellant, gave rise to a reasonable apprehension of bias and undermined the appearance of fairness in this case.

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

The panel member's statements taken together with the context of the proceedings concerning allegations of dishonesty as a whole gave rise to a reasonable apprehension of bias, and could be seen as an indication that the panel had prejudged the principal's credibility.