Appeal of an interlocutory motion for recusal; 2008 FCA 394; Ramipril; December 10, 2008

The Court of Appeal upheld the decision of the trial judge, refusing to recuse herself from the trial of this proceeding.

Apotex had brought a motion for recusal based on the fact that the same judge was sitting in two other proceedings that involved overlapping issues to a degree. The Court stated that there is a strong presumption of judicial impartiality, particularly when the allegation of a reasonable apprehension of bias is based on the judge's previous encounter with the party in his or her judicial capacity.

The full text of the decision can be found at:

http://decisions.fca-caf.gc.ca/en/2008/2008fca394/2008fca394.html