A comment by a judge in earlier proceedings expressing scepticism about a litigant's willingness to participate in mediation does not give rise to a reasonable apprehension of bias in subsequent proceedings between different parties where no mediation issue arises. The fictitious bystander test requires a causal nexus between the source of alleged bias and the vitiating effect, and the parties and controversy must be connected. Indemnity costs may be awarded where a party's unreasonable litigation conduct makes court intervention practically unavoidable.
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