Costa v. Electec Engineering Inc.

Costa v. Electec Engineering Inc.

Viewed in context the impugned email expressed scheduling frustration, not predetermination of credibility; defendant failed to adduce cogent evidence to meet the high objective threshold for a reasonable apprehension of bias, and the motion was untimely; therefore recusal was not justified and the motion is denied.

Citation
2014 NSSM 73
Parties
Claimant: Perry Costa; Defendant: Electec Engineering Incorporated
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 September 2014
Procedural Posture
Small Claims Court / Motion for Recusal
Outcome
Motion for recusal denied; Adjudicator will preside
Legal Topics
Recusal, Apprehension of Bias, Stay of Proceedings, Res Judicata, Timeliness of Motions
Source Language
English
Administrative Law Civil Procedure Judicial Impartiality Recusal Apprehension of Bias Stay of Proceedings Res Judicata Timeliness of Motions

Case Brief

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Parties

Perry Costa

Claimant

Electec Engineering Incorporated

Defendant

Procedural Posture

Small Claims Court / Motion for Recusal

Legal Issues

  1. 1 Whether the adjudicator's June 17 email created a reasonable apprehension of bias
  2. 2 Whether the recusal motion was raised in a timely manner
  3. 3 Whether the stay of proceedings and res judicata issues affected the recusal analysis

Ratio Decidendi

Viewed in context the impugned email expressed scheduling frustration, not predetermination of credibility; defendant failed to adduce cogent evidence to meet the high objective threshold for a reasonable apprehension of bias, and the motion was untimely; therefore recusal was not justified and the motion is denied.

Court Disposition

Motion for recusal denied; Adjudicator will preside

Orders

  • Motion for recusal denied
  • Matter scheduled to be heard by Adjudicator Gregg W. Knudsen on September 15, 2014 at 6:00 pm at Provincial Court in Halifax