Can a judge disqualify himself from hearing the matter?

British Columbia, Canada


The following excerpt is from Ansan Industries Ltd v Construction and Specialized Workers' Union, Local 1611, 2012 CanLII 16016 (BC LRB):

62 Goepel J. therefore dismissed the application that he disqualify himself from hearing the matter. The plaintiff appealed. In a brief oral decision, Lowry J.A. for the Court of Appeal (Donald J.A. and Newbury J.A. concurring) dismissed the appeal in Makowsky v. John Doe, 2008 BCCA 112, stating: The plaintiff maintains there is an apprehension the judge is biased against him. That is said to be so because the judge's son is a lawyer employed by the 50 lawyer firm defending the action. There is no suggestion the judge's son has had anything to do with the matter. The submission made now appears to me to be largely the argument made to the judge. In any event, nothing that has been said causes me to consider the judge has erred. The judge gave full and complete reasons for dismissing the action. I would dismiss the appeal for those reasons with which I substantially agree. (paras. 2-3)

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