The appellant appealed a Small Claims Court decision on the basis of a reasonable apprehension of bias.
Prior to the trial, the deputy judge solicited and received a charitable donation from the paralegal firm representing the respondent, which he failed to disclose to the appellant.
The Divisional Court found that an informed person viewing the matter realistically and practically would conclude that the judge would not decide fairly.
The appeal was allowed, the trial decision was set aside, and a new trial was ordered.
