What is the test for reasonable apprehension of bias?

An allegation of a reasonable apprehension of bias must overcome the strong presumption of judicial impartiality. That presumption reflects the long and strong history of judicial independence and integrity in this country: see Peart at para. 39 and Kelly v. Palazzo, 2008 ONCA 82 at para. 20 (“Kelly”). Reasonable apprehension of bias claims are fact-driven. The party that makes the allegation must establish a reasonable apprehension of bias on the balance of probabilities. See Peart at para. 40. Cogent evidence is required to make out an allegation of judicial bias. Suspicion is not enough. See Marchand at para. 131.