JUDGES AND COURTS |
Mathers v. Cinéparc St-Eustache Inc.
ITA-8856-99
2001 FCT 104, Morneau P.
21/2/01
17 p.
Motion to disqualify Morneau P. based on reasonable apprehension of bias (on ground spouse working for CCRA as lawyer)--Case of "individual", not "institutional" bias, not involving concept of "independence"--Garnishor seized certain sum of money on assumption sum belonged to judgment debtor in proceeding--Opposing party opposed seizure, alleging ownership of said sum--Onus of demonstrating bias lies with person alleging its existence--To be cause for recusation, apprehension of bias must: (a) be reasonable; (b) originate in person who is sensible and informed; and (c) be based on serious grounds--Only Quebec, through Code of Civil Procedure, art. 234(9), addresses possibility of recusation if judge related or allied to counsel--Legally speaking, no fault resulting from present situation--Opposing party's motion does not document in any way its apprehension of bias--In no way establishing reasonable apprehension of conflict between personal interest in Mr. Morneau (the desire to favour his wife) and his duties, to render justice with impartiality--Reasonable and well-informed person could not conclude reasonable apprehension of bias herein, that is, logical apprehension based on serious grounds--Opposing party has not established real probability of bias in case at bar--Motion dismissed--Code of Civil Procedure, R.S.Q., c. C-25, art. 234(9).