The appellant Crown appealed a refusal by the motions judge to withdraw her prior decision dismissing a stay motion in an employment-related proceeding brought by a former Crown employee.
The Court of Appeal held that a reasonable apprehension of bias arose because the motions judge was herself pursuing ongoing employment-related litigation against the Crown while adjudicating a similar claim advanced against the same party.
Applying the governing bias principles, the court found that a disqualifying interest is broader than pecuniary or proprietary interest and includes some relevant interest in the subject matter.
The appearance of impartiality was compromised, both orders were set aside, and the stay motion was remitted to be reheard by a different judge.
No costs were awarded.
