What is the legal test for an application to vacate a judgment by a judge?
Prince Edward Island, Canada
The following excerpt is from Ayangma v. French School Board, 2005 PESCAD 18 (CanLII):
... we recently considered the principles that define the nature of a judge’s duty of impartiality and how this duty is applied in the review of an application to vacate a judgment of the court (See: Wewaykum Indian Band v. Canada, [2003] 2 S.C.R. 259, 2003 SCC 45.) The duty of impartiality requires that judges approach cases with an open mind (See para.58). There is a presumption of impartiality. The burden of proof is on the party alleging a real or apprehended breach of the duty of impartiality, who must establish actual bias or a reasonable apprehension of bias ....
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