What is the effect of delay in determining the bias issue in the context of an interlocutory application?

Finally, it must also be emphasized that the Act provides for full appeals on the merits as a corollary to the restrictive approach to interlocutory appeals. It will thus be open to the applicant to raise the issue of bias in any subsequent appeal. In this case, having considered the factors as set out in Air Canada v. Lorenz, we find that the adverse consequences of delay outweigh the possible hardship to the applicant by not determining the bias issue before the completion of the lien reference. For these reasons, the application is dismissed on the basis of prematurity. ___________________________ Then J. ___________________________ Harvison Young J. ___________________________ Lederer J. Date of Reasons for Judgment: July 22, 2015 Date of Release: August 6, 2015