The applicant sought judicial review of a Case Management Master's decision dismissing a motion for her recusal based on a reasonable apprehension of bias in a construction lien proceeding.
The Divisional Court first determined it had inherent jurisdiction to hear the application despite the statutory prohibition on appeals from interlocutory orders under the Construction Lien Act, as the allegation went to fundamental fairness.
On the merits, the court applied the correctness standard and found that the applicant failed to establish a reasonable apprehension of bias.
The Master's procedural orders and expressions of frustration did not demonstrate bias to a reasonably informed bystander.
The application was dismissed.
