What is the test for alleging bias in a federal court?
Ontario, Canada
The following excerpt is from Mulligan v. Ontario Civilian Police Commission, 2020 ONSC 2031 (CanLII):
I start my analysis on this issue with an acceptance of the principle that decision-makers enjoy a strong presumption of impartiality. The party alleging actual bias, or a reasonable apprehension of bias bears the burden of rebutting the presumption (Wewaykum Indian Band v. Canada, 2003 SCC 45).
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