June 23, 2023 – Unfavourable Comments by Judge: Not Bias

“The appellant failed to make out a proper foundation for the bias allegation. Inevitably, in ongoing proceedings between parties that are heard by the same judge, comments are necessarily going to be made by the judge disposing of a particular step in the proceeding that a party may not like. That reality does not establish bias on behalf of the judge concerned. An informed person, viewing the matter realistically and practically, would not conclude that unfavourable comments of the type involved here would amount to a showing of bias by the presiding judge: Committee for Justice and Liberty v. National Energy Board, 1976 CanLII 2 (SCC), [1978] 1 S.C.R. 369, at p. 394, per de Grandpré J. (dissenting); Yukon Francophone School Board, Education Area #23 v. Yukon (Attorney General), 2015 SCC 25, [2015] 2 S.C.R. 282, at paras. 20-21.”

            Anthony v. Vinczer, 2022 ONCA 493 (CanLII) at 6