2 total
Appeal decision set aside due to reasonable apprehension of bias from judge's prior representation of party.
The moving party brought a motion to set aside an appeal decision after discovering that one of the panel judges had briefly represented him in a related matter 16 years prior, before her appointment to the bench.
Neither the judge nor the moving party recalled the relationship at the time of the appeal hearing.
Applying the objective standard for reasonable apprehension of bias, the court found that prudence dictated setting aside the decision and constituting a new panel to re-hear the appeal.
Default judgment granted for loans, conversion, unjust enrichment, and punitive damages.
The plaintiff brought a civil action following the breakdown of a romantic relationship, alleging repayment of loans, conversion of personal property, unjust enrichment, and intentional infliction of mental suffering.
The defendant did not defend the action and was noted in default.
The court held that funds advanced during the relationship were loans rather than gifts and ordered repayment.
It further found the defendant liable for conversion of the plaintiff’s truck and unjust enrichment arising from home renovations paid by the plaintiff.
Although the claim for intentional infliction of mental suffering was rejected in law in the family relationship context, the court awarded punitive damages for the defendant’s exploitative and reprehensible conduct.
