What is the test for applying for a judicial review of an allegation of bias?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Winsor, 2014 CanLII 16198 (NL PC):
Ideally, any allegation of an apprehension of impartially or a disqualifying event having occurred should be raised well before a trial is scheduled to commence. In Gedge v. Hearing Aid Practitioners Board, 2011 NLCA 50, it was held that “a reasonable apprehension of bias must be raised at the first possible opportunity.” Also see White v. Conception Bay South (Town), 2013 NLCA 10. HOW SHOULD A RECUSAL APPLICATION BE RAISED AND PRESENTED?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When does a judicial review involve a matter of contractual interpretation? (Newfoundland and Labrador, Canada)
What is the current state of the law on admitting new evidence on judicial review? (Newfoundland and Labrador, Canada)
What are the parties of arbitration or a judicial review of an arbitration award? (Newfoundland and Labrador, Canada)
What is the standard of review of a decision by a tribunal? (Newfoundland and Labrador, Canada)
In what circumstances will the alleged uttering threat offence be dealt with? (Newfoundland and Labrador, Canada)
Does the Crown have an obligation to cross-examine the accused before making the allegation? (Newfoundland and Labrador, Canada)
How does the defence of mistake apply to a strict liability offence? (Newfoundland and Labrador, Canada)
What is the test applied in an application for a non-suit? (Newfoundland and Labrador, Canada)
What is the test for reversing the onus of proof (for alleged Charter violation)? (Newfoundland and Labrador, Canada)
What is the standard of review applicable to a motion to appeal against a motion for summary judgment? (Newfoundland and Labrador, Canada)
