September 4 – Bias

“The test for bias is well-settled: would a reasonable and informed person viewing the matter realistically and practically and having thought it through, conclude that the judge, consciously or unconsciously would not decide fairly? The test is easily stated. The difficulty arises in its application.

The threshold for finding a reasonable apprehension of bias is extremely high: See Lloyd v. Bush, 2012 ONCA 349 at para. 23. There is a strong presumption in favour of the impartiality of the trier of fact and the question of reasonable apprehension requires a highly fact-specific inquiry.

Again in Lloydas this court noted at para. 27:

In Chippewas, the court warned at para. 243 that “[i]solated expressions of impatience or annoyance by a judge as a result of frustrations … do not of themselves create unfairness.”:

Clayson-Martin v. Martin, 2015 ONCA 596 at paras 68, 71 & 72