The test for bias varies depending upon the functions of the decision maker and the question being decided

Davis v. Guelph (City), 2011 ONCA 761 is a useful case dealing with several issues including bias. The Court writes:

[71]         It is well settled, however, that the test for bias varies depending upon the functions of the decision maker and the question being decided.  For example, in Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), [1992] 1 S.C.R. 623, at pp. 636, 638-39, Cory J. observed that there is a spectrum of decision-making tasks to be considered when determining the question of bias in the administrative law context, and the test to be applied is a flexible one, varying with the nature of the decision making body.  At the adjudicative end of the spectrum, the traditional "reasonable apprehension of bias" test will apply in full force.  At the other end of the spectrum, however – where the nature of the decision is more of an administrative, policy or legislative nature – the courts have held that a more lenient test, known as the "closed mind" test is applicable: see also TransCanada Pipelines Ltd. v. Beardmore (Township) (2000), 186 D.L.R. (4th) 403 (Ont. C.A.), at paras. 147-150; Pelletier v. Canada (A.G.), 2008 FCA 1, [2008] F.C.R. 40, at para. 55; Chrétien v. Canada, 2008 FC 802, [2009] 2 F.C.R. 417, aff'd 2010 FCA 283, 409 N.R. 193, at para. 67.