What is the test for a judge's bias in a family law case?

Ontario, Canada


The following excerpt is from A.P. v. L.K., 2020 ONSC 5551 (CanLII):

The reasonable person, properly informed, and considering my decisions in A.T. v. V.S. and Spence v. Zinati, would know that, as a practical and realistic matter, judges deal regularly with cases in which certain themes of broader societal interest recur. In family law, those themes include, among others, domestic violence and abusive behaviour, traditional gender roles in relationships, and, particularly when there is a global pandemic, public health issues. A reasonable person, viewing the matter practically and realistically, would understand that dealing with a case in which an issue of broad societal interest is engaged does not raise a reasonable apprehension of bias on the part of the judge in cases where the issue arises again, as it inevitably will. Were it otherwise, as a practical matter, the administration of justice would grind to a halt. There would be no judges left to hear cases.

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