Case summary: Hu v Lee

Case summary of Hu v Lee, 2023 BCSC 794

The case, Hu v Lee, involved allegations of bias against the judge presiding over the case.  The judge discussed the objective of the test for bias, which is to ensure not only fair adjudicative processes but also the appearance of fair adjudicative processes. Impartiality is essential to upholding public confidence in the legal system, and the presumption of impartiality carries considerable weight. Beyond disqualification based on the reasonable apprehension of bias, a judge has the discretion to voluntarily recuse themselves, even when they are not legally required to do so, out of an abundance of caution.

The judge analyzed the bias allegations made by Ms. Hu and found that there was no basis for the assertion that she was cut off or rushed in her testimony. The test for recusal is whether a reasonable and informed person with knowledge of all the relevant circumstances, viewing the matter realistically and practically, would think that it is more likely that the decision-maker, whether consciously or unconsciously, would not decide fairly. Ms. Hu took the position that the judge should recuse himself because of his impartiality on how the first trial was conducted, only after he ruled in favor of Mr. Lee on the issue of whether the parties were spouses within the meaning of the law.

In summary, the case of Hu v Lee involved allegations of bias against the judge presiding over the case. The judge discussed the objective of the test for bias and the importance of impartiality in upholding public confidence in the legal system. The judge analyzed the bias allegations made by Ms. Hu and found that there was no basis for them. This case highlights the importance of impartiality and the test for bias in ensuring fair adjudicative processes and the appearance of fair adjudicative processes.

Full text available at: https://canlii.ca/t/jx42b