What is the test for disqualification of an adjudicator?
Ontario, Canada
The following excerpt is from Gallagher v. Scher Law Professional Corporation, 2019 HRTO 1436 (CanLII):
An adjudicator must be impartial. There is a strong presumption of impartiality and the onus is on the person seeking disqualification to establish a reasonable apprehension of bias. See Wewaykum Indian Band v. Canada, 2003 SCC 45.
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