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The Court of Appeal dismissed an application for review and granted an application to quash the appeal, holding the disqualification ruling was not presently appealable.
The Court dismissed the application for directions, holding that its October 25, 2019 decision is self‑explanatory and that it is neither necessary nor appropriate to expand or reinterpret that decision; no disqualification of the trial judge was found or directed.
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The Court of Appeal for British Columbia dismissed a criminal appeal seeking a mistrial on the basis of reasonable apprehension of bias arising from the trial judge’s former Crown counsel employment.
A reasonable apprehension of bias existed because the motions judge was the plaintiff in ongoing employment-related litigation against the Crown asserting claims broadly similar to the applicant's wrongful dismissal claims; she therefore had a relevant interest and should have disqualified herself, so her orders were set aside and the motion must be reheard by a different judge.
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Leave to appeal was granted but the appeal was dismissed: the trial judge erred in staying proceedings without adequately determining whether the accused was capable of self-representation; Scanlan J. correctly lifted the stay after proper consideration and there was no appearance of bias requiring disqualification.
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