The appellant appealed the dismissal of her application for a declaration that $70,000 advanced to her daughter and the respondent was a loan, not a gift.
During the application hearing, the judge made several comments indicating he would have difficulty making an adverse credibility finding against the respondent because he was a police officer.
The Court of Appeal allowed the appeal, finding that the application judge's comments created a reasonable apprehension of bias.
The court set aside the judgment and ordered a trial of the issues due to the conflicting evidence.
