Test for bias very high

It is remarkable how often self-represented parties believe the judge hearing their case was biased in some way. Perhaps the personalizing of justice is inevitable.

In any event, today's decision in Matutschovsky v. Singer, 2009 ONCA 406 deals with the issue in the context of the self-represented and makes it clear the test for bias remains very high.

The issue is not what the party may have thought but what the reasonable and informed observer would have thought:

[4] The threshold for an allegation of bias on the part of a judge is high. In our view, the appellant has failed entirely to meet this threshold.

[5] In all of the circumstances of this case, it simply cannot be said that an informed person, viewing this matter realistically and practically - and having thought the matter through - could conclude there was an apprehension of bias in the proceedings: see Committee for Justice and Liberty v. Canada (National Energy Board), [1978] 1 S.C.R. 369, at p. 394. There was no denial of natural justice and this ground of appeal must be dismissed.