In my view, given those facts, an informed, reasonable, and right-minded person, viewing the matter realistically and practically, would conclude that the worker’s allegations against me were unfounded, and that those unfounded allegations would not cause me to fail to decide her application fairly and impartially, whether consciously or unconsciously. In reaching that conclusion I note that the courts in Canada have long held that a party cannot, by making unfounded allegations of bias, determine who will make the decision in the party’s case (Paul v. R., 1980 CanLII 37 (SCC), [1980] 2 S.C.R. 169).
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