Lloyd v. BushPosted March 4, 2016
2012 ONCA 349; Lerners acted for the respondent municipalities in this appeal of a trial decision. The appellants raised the issue of reasonable apprehension of bias in relation to the trial judge. First, the appellants argued that it was improper for the trial judge to draw an inference that the plaintiff was advancing a fraud allegation where the plaintiff explicitly stated that fraud was not being argued at trial. Second, the plaintiffs argued that it was improper for the trial judge to make adverse comments about the credibility of a witness prior to the conclusion of trial. The Court of Appeal accepted both the appellants’ arguments and ordered a new trial.