What is the test for demonstrating reasonable apprehension of bias by an adjudicator?

Ontario, Canada


The following excerpt is from Tanimowo-Reyes v. TD Insurance, 2013 HRTO 275 (CanLII):

There is a strong presumption of judicial or quasi-judicial impartiality. To overcome the presumption, the party alleging a reasonable apprehension of bias must establish the presence of serious grounds: Wewaykum Indian Band v. Canada, 2003 SCC 45), [2003] 2 S.C.R. 259 at paras. 59, 76 and 77. The applicant has not pointed to any extrinsic evidence to support an allegation of a reasonable apprehension of bias. Instead she argues that the fact that I accepted the evidence of the respondents on certain points and ultimately dismissed her Application is evidence of such an apprehension of bias. This argument is insufficient to demonstrate a reasonable apprehension of bias on the part of an adjudicator.

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