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Bias - Administrative Proceedings

. Briarlane v. Limas

In Briarlane v. Limas (Div Ct, 2020) the Divisional Court quotes a standard for bias in an administrative context:
[29] As noted in Roberts v. R., 2003 SCC 45, there is a strong presumption of judicial and quasi-judicial impartiality. In order to overcome that presumption, the burden is on the party alleging bias to provide strong cogent evidence in that regard. The Tenants have provided no such evidence in this case. There is no transcript of the earlier hearing before us. The Tenants’ description of the comments made, however, amount to nothing more than the Member controlling the process. Further, a review of the transcript of the proceedings before the Board on May 6, 2019, raises no indication whatsoever of any bias by the Board towards the Tenants.
. The Association of Professional Engineers of Ontario v. Rew

In The Association of Professional Engineers of Ontario v. Rew (Div Ct, 2020) the Divisional Court stated the bias test applicable to administrative matters:
[55] The test for reasonable apprehension of bias in the administrative law context is whether a reasonably informed bystander could reasonably perceive bias on the part of the adjudicator: Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), 1992 CanLII 84 (SCC), [1992] 1 S.C.R. 623 at 636.


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