How have the courts interpreted the second principle in the context of a motion for recusal and non-suit?
Ontario, Canada
The following excerpt is from Mulligan (No. 2) v. Ontario Provincial Police, 2018 ONCPC 5 (CanLII):
The reference to the “second principle” was taken from Fraser v. Canada (Public Service Staff Relations Board), 1985 CanLII 14 (SCC), [1985] 2 S.C.R. 455. The motion decision and the effect of the Hearing Officer’s inconsistent statements will be dealt with below when we deal with the third issue, the “whistleblower” defence. II) Did the Hearing Officer misinterpret the law as it related to the appellant’s motion for recusal and non-suit?
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