Wednesday, March 19, 2014

Recusal motion

Dugas v. Gaudet et al., 2014 NBCA 7:

[5]               The grounds giving rise to the apprehension of bias must be sufficiently serious to rebut the presumption that the judge will abide by his or her oath of office and “[judge] a particular controversy fairly on the basis of its own circumstances” (see United States v. Morgan, 313 U.S. 409 (1941), at p. 421, excerpt quoted with approval in R. v. S.(R.D.), 1997 CanLII 324 (SCC), [1997] 3 S.C.R. 484, [1997] S.C.J. No. 84 (QL)).

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