The plaintiff successfully sued the defendant school board for damages arising from sexual assault by a teacher.
After the trial, the defendant discovered that the trial judge had previously presided over a pre-trial in an identical action involving another student, where he expressed an opinion on liability before recusing himself due to a personal association with that student's family.
The defendant appealed, seeking to introduce this fresh evidence and arguing it created a reasonable apprehension of bias.
The Court of Appeal admitted the fresh evidence, finding it challenged the validity of the trial process.
The Court concluded that a reasonable person, informed of the trial judge's prior opinion, his association with the other plaintiff's family, and his subsequent decision in this identical matter, would apprehend bias.
The appeal was allowed and a new trial ordered.
