In what circumstances will a presiding justice be asked to recuse herself?
Ontario, Canada
The following excerpt is from Law Society of Ontario v. Fancy, 2020 ONLSTH 143 (CanLII):
Similarly, there may be circumstances where it is necessary to ask a presiding justice to recuse herself on the basis of a reasonable apprehension of bias. But lawyers must take care not to make unsupported and irresponsible allegations and to raise their concerns respectfully. On those rare occasions where the demeanor of a presiding justice might give rise to an apprehension of bias, the procedures for formally raising the issue through the tabling of a motion for recusal must be followed with courtesy and respect. Law Society of Upper Canada v. Bruce, 2013 ONLSHP 6 at para. 163.
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