Bias and Impartiality

Posted by Johannes Schenk on November 28th, 2008 — Posted in Employment Law, Human Rights Law, Labour Law, Municipal Law, Professional Discipline

Bias arguments are commonly made. Here is a case referred to me by my friend John Gesher, who is Counsel at the Regional Municipality of Peel. The case of Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176 (CanLII), concerns a bias argument directed at Alberta Court of Appeal Justices. The decision on the recusal is written by Justice Cote and concurred in with additional reasons by Justice O’Brien. I might add that Justice Cote is the co-author of the Stevenson and Cote Civil Procedure Encyclopedia, an excellent and indispensable procedure resource, which in addition to his very well written judgments, underscores his status as an authority.

The judgment gives a definitive outline of a bias recusal analysis and is well worth the succinct read on this often misunderstood topic.

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