Sentences with phrase «where 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.

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

Not exact matches

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.

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 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).

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.