What is the test for bias in the context of bias in a motion?
Saskatchewan, Canada
The following excerpt is from United Food And Commercial Workers, Local 1400 v. Impact Security Group Inc., 2010 CanLII 36818 (SK LA):
9. When it comes to the actual test for bias, the onus is on the moving party, and the burden is high (R v. S at paras 113-114). This apprehension must be reasonable and serious; it must not be based solely on suspicions that are more or less imaginary (Committee for Justice and Liberty v. N.E.B. 1976 CanLII 2 (SCC), [1978] 1 S.C.R. 369 at 395 (S.C.C.) (“Committee for Justice”)).
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