70617 Study Guide - Final Guide: Jurisdictional Error, British American Tobacco
Document Summary
Actual bias is established only where the dm can be shown to have a closed mind and was not. Almost impossible to prove bc would have to enter person(cid:495)s mind. Apprehension of bias arises where (cid:494)a fair-minded lay observer might reasonably apprehend required to decide(cid:495) (ebner) It is the public"s perception of neutrality with which the rule is concerned (cid:499) that the judge might not bring an impartial mind to the resolution of the question the judge is. Laurrie was a smoker for 30 years and instituted action against tobacco under dust diseases act. Kurtis j had dealt with british american tobacco before in 2002 and in that case an interlocutory matter was the issue. In that matter it involved a death of an employee by lung cancer and asbestos. In the 2002 case kurtis j rejected its claim of not providing material under legal professional privilege in the strongest terms.
