Can an arbi trator be disqualified on account of a reasonable apprehension of bias?

Manitoba, Canada


The following excerpt is from Simmons v. Manitoba, 1989 CanLII 7399 (MB CA):

The disqualification of an arbi trator on account of a reasonable apprehension of bias has occurred in a number of cases in which the apprehen sion arose by reason of a relationship between the arbitrator and the subject of the reference or between the arbi trator and a party to it: see, e.g., Gbirardosi v. Minister of Highways for British Columbia (1966), 55 W.W.R. (N.S.) 750. As it was not argued to the contrary, I accept for the purpose of this appeal that a similar principle applies to a case of bias apprehended by reason of a proven, general preju dice on the part of an arbitrator. But in my opinion, the existence of such a prejudice must be established by evi dence entitled to the court's respect.

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