L. Paul Shenton

The appellant appealed an order enforcing a settlement, arguing in part that there was a reasonable apprehension of bias because of comments made by the motion judge at a previous adjournment hearing.

The Court of Appeal dismissed the appeal, finding that the motion judge's comments were merely efforts to assist an unrepresented litigant and did not meet the test for reasonable apprehension of bias.

The court also found no reason to interfere with the order enforcing the settlement, noting that a rehearing would yield the same result.

The appeal was dismissed with costs fixed at $3,000.

The appellants appealed the dismissal of their action alleging that the respondents, former officers and directors of a renovation company, conspired to divest the company of its assets to prevent the appellants from realizing on a default judgment.

The Court of Appeal dismissed the appeal, finding that the appellants had only pleaded the tort of conspiracy and failed to prove that they suffered special damages as a result of the respondents' unlawful conduct.

The court also rejected arguments regarding reasonable apprehension of bias and entitlement to punitive damages.