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Jun 20, 2012 · The Court of Appeal concluded that the appellant met the high threshold necessary to establish a reasonable apprehension of bias. The circumstances created a reasonable apprehension of bias, necessitating a new trial before a different judge. Author's note: The content of this article is intended to provide a general guide to the subject matter.
An application for recusal of a judge must be made before the judge against whom bias is alleged. Effect of Finding. The existence of a bias means that the trial judge has lost jurisdiction over the matter. Once there has been a finding of bias, the only remedies are a new trial or stay of proceedings. Appeals See also: Appeals
Oct 18, 2016 · Van Wieren v Bush, 2015 ONSC 4104. The father appealed to the Superior Court of Justice against an Ontario Court of Justice trial decision about custody and access, claiming that the trial judge, Justice Hardman, was biased against him, failed to consider the best interests of the child and made an order that was contrary to the evidence.
Sep 3, 2013 · As required by our Legal Terms, attorneys must disclose if any AI is used in answering your question. Judges make a lot of informal comments off of the record in an effort to move a case a long. I am not saying these comments are not truthful but it does not mean that the Judge will definitely rule your way once the final evidence is admitted ...
Oct 21, 2022 · Where a new trial is commenced before a judge alone, it must be commenced as though no evidence on the merits had been initially admitted (s. 669.2(3)) (JD, paras 21-23). In this situation, the judge is both the trier of fact and law. Being new to the case, it could not be presumed that she was aware of the evidence already presented.
Jul 17, 2023 · Our opinions are our own. A ruling in your favor by judge or jury in a civil case does not necessarily end the lawsuit. Once a ruling is handed down, the losing party has a right to appeal. The loser must file a written notice of appeal generally within 30 days of the ruling. If this happens, the case goes to an appellate court for review.
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Jun 15, 2012 · The public’s perception of a judge’s impartiality must always be maintained for the administration of justice, even if there is no evidence of a bias or conflict of interest, according to a recent ruling by Ontario’s top court. In its decision in Bailey v. Barbour, 2012 ONCA 325, the three-member Court of Appeal panel found that Justice ...
