Canada Case Law

Crazy Greek Chick Foods Limited v. Chakroborty

Court

British Columbia Court of Appeal

The appeal is dismissed because the chambers judge did not misapply the Miracle Feeds test, reasonably accepted the respondent's affidavit as disclosing a defence worthy of investigation given the oral contract and disputed facts, and there was no reasonable apprehension of bias; no palpable and overriding error warranted appellate intervention.

Source excerpt

• Setting aside default judgment
• Meritorious defence
• Procedural fairness
• Reasonable apprehension of bias
• Extension of time
• Miracle feeds test

Read case analysis

R. v. Mwanz

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed a sexual assault appeal, finding the trial judge’s comments and interruptions did not create a reasonable apprehension of bias.

• Sexual assault
• Reasonable apprehension of bias
• Section 276 criminal code (sexual history evidence)
• Trial judge commentary and counsel conduct
• Reasonable-apprehension-of-bias
• Judicial-bias

Read case analysis

0956156 B.C. Ltd. v. The General Manager, Liquor and Cannabis Regulation Branch

Court

Supreme Court of British Columbia

Although the petition raises a serious question and the petitioner will suffer irreparable harm from licence cancellation, the balance of convenience favours the respondent because the evidence of a sustained pattern of violent incidents, failures to comply with licence conditions (including nonoperational surveillance), and public safety risks outweighed the harm to the petitioner; accordingly the stay application was dismissed and the cancellation remains effective.

Source excerpt

• Stay application
• Fit and proper determination
• Procedural fairness
• Reasonable apprehension of bias
• Evidence disclosure
• Money laundering investigation

Read case analysis

Bennett v. Seto

Court

British Columbia Court of Appeal

The chambers judge did not err: the arbitrator's pointed questioning occurred after the bulk of evidence and was directed to specific, relevant contradictions (Facebook posts) affecting credibility; although some interventions (including a compliance referral remark) were unnecessary, they were not systemic or extensive enough, in context, to create a reasonable apprehension of bias and did not render the process procedurally unfair, so the appeal is dismissed.

Source excerpt

• Reasonable apprehension of bias
• Judicial review
• Procedural unfairness
• Compensation under s.51 rta
• Tribunal questioning and interventions

Read case analysis

Macdonald v. Canada (Public Safety)

Court

Federal Court

The Federal Court dismissed a judicial review of a CBSA grievance decision, finding the decision reasonably addressed bias, fairness, and disclosure concerns.

• Procedural fairness
• Reasonable apprehension of bias
• Conflict of interest
• Disclosure obligations in administrative investigations
• Grievance under fpslra
• Costs

Read case analysis

R. v. Gresty

Court

Supreme Court of British Columbia

The appeal is dismissed because the trial judge properly applied the W.D. credibility framework and his findings—that the appellant intentionally applied force by raising his elbow causing the complainant to be propelled backwards—are supported by the evidence (including the accused's own testimony); there was no reasonable apprehension of bias, no improper reliance on unadvanced theories, no prejudicial disclosure failure, and no ineffective assistance that caused a miscarriage of justice.

Source excerpt

• Assault
• Reasonable apprehension of bias
• W.d. credibility analysis
• Disclosure obligations
• Ineffective assistance of counsel
• Restitution

Read case analysis

O’Neil v. O’Neil

Court

Supreme Court of Nova Scotia

The moving party failed to meet the heavy burden to demonstrate a reasonable apprehension of bias; an adverse ruling in a related proceeding and the administrative assignment of the judge are insufficient grounds for recusal, therefore the motion to recuse is dismissed and no costs are awarded.

Source excerpt

• Reasonable apprehension of bias
• Change of venue
• Judicial assignment
• Stay of proceedings
• Summary judgment
• Limitation defence

Read case analysis

Sandhu v. Canada (College of Immigration and Citizenship Consultant)

Court

Federal Court of Appeal

The Federal Court correctly applied the vexatious litigant framework and made no legal or palpable overriding factual errors in finding the appellant's repeated, irrelevant and scandalous allegations and disregard for orders justified regulating his access to court; the dismissed action lacked merit; the motion to admit the Privacy Commissioner letter was not properly before the court so no procedural fairness breach occurred; comments about ongoing judicial review did not create a reasonable apprehension of bias; and the costs orders were within discretion.

Source excerpt

• Vexatious litigant
• Judicial review
• Procedural fairness
• Reasonable apprehension of bias
• Attorney general consent under s.40
• Costs

Read case analysis

Larkin v. Bourque

Court

Supreme Court of Nova Scotia

Appeal dismissed because the trial judge reasonably found the respondent had lawful justification as a process server to approach and knock at the dwelling, the signage and history did not establish revocation of the implied licence, the trial reasons were sufficient for appellate review, and no misapprehension of evidence or legal error that caused a miscarriage of justice was demonstrated.

Source excerpt

• Trespass
• Implied licence to approach dwelling
• Sufficiency of reasons
• Reasonable apprehension of bias
• Misapprehension of evidence
• Summary conviction appeal

Read case analysis

GA v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Appeal Division allowed the appeal because the General Division accepted voluntariness without properly addressing the claimant's disputed evidence and relied on unsupported presumptions about the criminal justice system; that reliance gave rise to a reasonable apprehension of bias and breached natural justice, requiring the matter be returned to the General Division for reconsideration by a different member.

Source excerpt

• Voluntary leaving
• Just cause
• Misconduct
• Reasonable apprehension of bias
• Natural justice
• Use of presumptions

Read case analysis