The Court of Appeal (McLure P) refused a self-represented appellant's application for recusal on the ground of apprehended bias. The Court held that judicial awareness of a litigant's litigation history from published judgments cannot give rise to a reasonable apprehension of bias, and that comments made during a hearing on matters relevant to the merits of the appeal grounds did not satisfy the apprehended bias test. The Court also noted that permitting a litigant's family member to make oral submissions (going beyond the McKenzie friend role) and then restricting that person to the McKenzie friend role when the litigant resumed submissions did not give rise to apprehended bias.
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