Gordon Aylward (appellant/applicant) v. Law Society of Newfoundland and Labrador (respondent) (17/88) Indexed As: Aylward v. Law Society of Newfoundland and Labrador 2018 NLCA 17 2 C.A.N.L.R. 646 Court of Appeal of Newfoundland and Labrador Welsh J.A. March 27, 2018

Summary: The applicant applied for one of the appeal Justices who had previously heard an application involving the case to recuse herself. Held: Application dismissed. Welsh J.A: There was no evidence or basis on which a reasonable person would conclude that there would be real bias or an apprehension of bias if the Justice heard the appeal. The application was dismissed. Counsel: Appearing on his own behalf, the appellant/applicant; Daniel M. Boone Q.C., for the respondent. This application was heard and decision rendered orally on March 27, 2018 by Welsh J.A.

The following Memorandum of Disposition was filed on March 27, 2018 by Welsh J.A. ______________________________________________________________ Welsh J.A.: [ 1 ] Mr. Aylward applied for me to recuse myself from hearing the appeal set for April 12, 2018 on the basis that I had previously participated in the decisions in an appeal and on an application involving him. Mr. Aylward provided no evidence or basis on which a reasonable person would conclude that my sitting on the appeal would result in real bias or an apprehension of bias.

There was no reason to conclude that I would not fairly and with an open mind consider the merits of the current appeal. [ 2 ] In the result, having read the materials filed and heard oral submissions, I dismissed the application, with costs in the cause. Application dismissed .