|
Bias - Appeals. Dore v. College of Nurses of Ontario
In Dore v. College of Nurses of Ontario (Ont Div Ct, 2026) the Ontario Divisional Court dismissed an appeal, here brought against decisions of the Discipline Committee of the College of Nurses of Ontario where it "found the appellant (a nurse practitioner) had committed professional misconduct" and "was unprofessional, dishonourable and disgraceful, including in that she demonstrated “a serious and persistent disregard for her professional obligations” by issuing COVID vaccination exemptions in the circumstances.
Here the court considers the degree of appellate deference (SOR) regarding bias issues:[11] The allegation that the Committee had a reasonable apprehension of bias raises a legal question of procedural fairness to which the correctness standard applies. .... . Housh v. Rayvals [SOR]
In Housh v. Rayvals (Ont Div Ct, 2026) the Ontario Divisional Court dismissed a family court appeal, this brought against the dismissal of "the Appellant’s Motion to Change".
Here the courts considers appellate deference for issues of bias:[19] In T.J.L. v. E.B., 2021 ONCA 75, at para. 6, the Court of Appeal for Ontario observed that the threshold for establishing a reasonable apprehension of bias is high, and that there is a presumption of fairness, impartiality and integrity in the performance of the judicial role. The grounds and evidentiary support for an alleged apprehension of bias must be substantial.
|