Choi v Secretary, Department of Justice and Communities

In *Choi v Secretary, Department of Justice and Communities*, the applicant sought the disqualification of Ward P from hearing proceedings on the grounds of apprehended bias.

The central legal issue before the Court was whether there was a reasonable apprehension that Ward P might not bring an impartial mind to the resolution of the question the Court was required to decide. This involved an assessment of the objective appearance of bias, rather than any actual bias on the part of the judge.

Ward P dismissed the application, finding that the grounds relied upon by the applicant did not establish a reasonable apprehension of bias. The Court applied the well-established test for apprehended bias, which requires considering whether a fair-minded lay observer, having considered the facts, would apprehend that the judge might not bring an impartial mind to the issues. The Court concluded that such an apprehension was not justified on the material before it.

The application for disqualification was dismissed.