What is the test for alleging bias in a civil case?
Canada (Federal), Canada
The following excerpt is from N. D. v Minister of Employment and Social Development, 2017 CanLII 77161 (SST):
The second part of the test directs an examination of whether the apprehension of bias is itself, in all circumstances of the case, reasonable. Further, the SCC held that the threshold for a finding of bias is high and the onus of demonstrating the existence of bias lies with the person who is alleging its existence. The reason for the high threshold is, as held by the SCC in Roberts v. R., 2003 SCC 45, that "the standard refers to an apprehension of bias that rests on serious grounds in light of a strong presumption of judicial impartiality."
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