What is the presumption of impartiality of a trier of fact in a motion seeking the recusal or disqualification of a judge?
Ontario, Canada
The following excerpt is from St. Lewis v. Rancourt, 2013 ONSC 49 (CanLII):
There is a strong presumption in favour of the impartiality of the trier of fact. Where a party seeks the recusal or disqualification of a judge, allegations of judicial bias will have to overcome the strong presumption of judicial impartiality. See Bailey v. Barbour, supra, at para. 19.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion for recusal made to the judge being asked to recuse himself or herself? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the test for a Motion 14B Motion to obtain assistance from a case management judge? (Ontario, Canada)
What is the basis to overturn a motion judge’s ruling that the valuation evidence tendered after cross-examinations is not admissible on the motion? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
What is the role of the motions judge in deciding a motion for summary judgment? (Ontario, Canada)
Can a motion judge interfere with the analysis and conclusion of a judge's assessment of the nature of the expression? (Ontario, Canada)
When will a motion for recusal be heard and determined by the judge? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
What is the test for a motions judge to dismiss a motion for personal injury? (Ontario, Canada)
