BAINS v ADAM

The Applicants sought permission to question 21 individuals and to adjourn their upcoming hearing for a separate application seeking permission to appeal and a stay of a decision imposing court access restrictions (the “Court Restriction Decision”). The Applicants contended that questioning was necessary to advance their Appeal of the Court Restriction Decision.

The Applicants claimed Appeal Justice Ho was biased and should be recused from all matters involving them. Ho J.A. reiterated that recusal is only required where an informed and objective observer would think it more likely than not that the matter could not be decided fairly, noting the strong presumption of judicial impartiality and the Applicants’ burden to rebut it. Ho J.A. emphasized that the Applicants’ dissatisfaction with prior procedural directions and unfounded allegations were insufficient to meet this threshold. Consequently, Appeal Justice Ho found no proper basis for recusal and denied the request.

Turning to the merits, Ho J.A. held that the Applicants’ renewed attempt to compel questioning was improper, noting that they had previously issued appointments under Rule 6.8, which had been set aside in an earlier decision (the “PTA Questioning Decision”). The Court further noted that the PTA Questioning Decision also enjoined the Applicants’ from seeking further questioning without leave and found no basis to revisit or relitigate those determinations. Ho J.A. emphasized that a permission to appeal proceeding must be based on the existing record and that new evidence is generally inadmissible, referencing Rule 14.45, which limits the scope of the record on appeal. As the proposed questioning sought information that was neither relevant nor material to the Application for Permission to Appeal, the Court refused permission. Appeal Justice Ho also denied the adjournment request, which relied entirely on questioning being authorized.

In the result, the Application was dismissed with costs to the Respondents and Rule 9.4(2)(c) was invoked for the Court to prepare the resulting Order.