What is the legal test for prejudgment in a motion for wrongful dismissal?
British Columbia, Canada
The following excerpt is from R. v. Bennett, 2016 BCCA 406 (CanLII):
With respect to prejudgment, the court in Parmar following Brouillard v. The Queen, 1985 CanLII 56 (SCC), [1985] 1 S.C.R. 39, noted that the appropriate test is whether a reasonable observer would come to a conclusion of premature decision-making. As to questioning by the judge, the “test” is a matter of degree and kind.
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