What is the test for establishing a judicial impartiality?

Ontario, Canada


The following excerpt is from Monahan v. Cook, 2018 HRTO 428 (CanLII):

There is a strong presumption of judicial or quasi-judicial impartiality. To overcome the presumption, the party alleging a reasonable apprehension of bias must establish the presence of serious grounds. See Wewaykum Indian Band v. Canada, 2003 SCC 45 (“Wewaykum”) at paras. 59 and 76.

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