Does the adjudicator have any bias in her interventions?

The respondent submits that the adjudicator was even-handed in her interventions. Counsel submits that her comments may have been unfortunate, but in the overall context of the proceedings they were intended to assist the unrepresented litigant in clarifying his position in the litigation, and to ensure that the litigation flowed smoothly and without delay. Finally, the respondent submits that a party who apprehends bias is obligated to raise the allegation at the earliest practicable opportunity and failure to do so will amount to a waiver of the right to make the allegation (R v. Curragh Inc., 1997 CanLII 381 (SCC), [1997] 1 S.C.R. 537). Since some of the comments referred to by the appellant were made at the initial stages of the hearings in September 2006, the appellant ought to have raised the allegations at that time and cannot wait to see if the outcome is unfavourable before raising them. Analysis