Green v Green

Green v Green

Recusal denied because the applicant failed to meet the heavy evidentiary burden to show actual or a reasonable apprehension of bias: adverse rulings do not prove bias, complaints to the CJC and a lawsuit (both dismissed or unsubstantiated) do not displace impartiality, there was no evidence of causative harm,...

Source-derived case information.

Citation
2022 NSSC 30
Parties
Applicant (former Spouse): Kelsey Green; Respondent (former Spouse): Heidi Green
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 February 2022
Procedural Posture
Family Law Divorce and Related Proceedings (recusal Motion) / Recusal Motion Decision
Outcome
Recusal motion dismissed; request for new trial denied; request to transfer file to General Division denied
Legal Topics
Recusal, Judicial Bias, Reasonable Apprehension of Bias, Transfer of Proceedings, New Trial, Costs, Judicial Conduct
Source Language
english
Family Law Judicial Recusal Administrative Law Child Protection Recusal Judicial Bias Reasonable Apprehension of Bias Transfer of Proceedings +3 more

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Parties

Kelsey Green

Applicant (former Spouse)

Heidi Green

Respondent (former Spouse)

Procedural Posture

Family Law Divorce and Related Proceedings (recusal Motion) / Recusal Motion Decision

Legal Issues

  1. 1 Whether the trial judge should recuse for actual or perceived bias
  2. 2 Whether a new trial should be ordered
  3. 3 Whether the family law file should be transferred from the Family Division to the General Division

Ratio Decidendi

Recusal denied because the applicant failed to meet the heavy evidentiary burden to show actual or a reasonable apprehension of bias: adverse rulings do not prove bias, complaints to the CJC and a lawsuit (both dismissed or unsubstantiated) do not displace impartiality, there was no evidence of causative harm, communications with DCS were appropriate and attributable to the Associate Chief Justice, and statutory jurisdiction keeps the file in the Family Division; the court therefore will not order a new trial (appellate courts may) and will not transfer the file.

Court Disposition

Recusal motion dismissed; request for new trial denied; request to transfer file to General Division denied

Orders

  • Recusal motion dismissed
  • No new trial ordered by this court; appellate courts may order a new trial