The appellant appealed a trial decision regarding a property dispute over waterfront access.
At the outset of the trial, the trial judge disclosed that his wife was a real estate agent specializing in waterfront properties in the area and had clients connected to the dispute, but he declined the appellant's request to recuse himself.
The Court of Appeal found that the trial judge's wife's deep and multi-layered connections to the properties and witnesses created a reasonable apprehension of bias.
The appeal was allowed and a new trial was ordered.
