What is the burden of demonstrating a reasonable apprehension of bias against a party arguing for disqualification?

Nova Scotia, Canada


The following excerpt is from Wickwire Holm v. Stephen, 2008 NSSM 39 (CanLII):

The burden of demonstrating a reasonable apprehension of bias rests with the party arguing for disqualification: Wewaykum Indian Band v. Canada, supra at para. 59. Moreover, the inquiry that must be conducted is very fact‑specific and there can be no "shortcuts": Wewaykum Indian Band v. Canada, supra at para. 77.

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