The moving party sought an order requiring the judge to recuse himself on the basis of a reasonable apprehension of bias and to set aside a prior endorsement.
The motion relied on comments made in earlier reasons, the refusal of an adjournment at a case conference, directions regarding document production, and alleged comments about a prior registrar’s order.
Applying the objective test for reasonable apprehension of bias articulated in Wewaykum Indian Band v. Canada and R. v. S. (R.D.), the court held that none of the alleged circumstances would lead an informed and reasonable person to conclude that the judge would not decide the matter fairly.
The court emphasized that adverse findings, scheduling decisions, and case management directions do not establish bias when grounded in the evidence and procedural context.
The motion for recusal and to set aside the earlier endorsement was dismissed.