C-25.01 - Code of Civil Procedure

Section 202 Disposition versions

2016-01-01

202. The following situations, among others, may be considered serious reasons for questioning a judge’s impartiality and for justifying the judge’s recusation:

(1)  the judge being the spouse of one of the parties or of the lawyer of one of the parties, or the judge or the judge’s spouse being related or connected by marriage or civil union to one of the parties or to the lawyer of one of the parties, up to the fourth degree inclusively;

(2)  the judge being a party to a proceeding pertaining to an issue similar to the one before the judge for determination;

(3)  the judge having given advice or an opinion on the dispute or having previously dealt with the dispute as arbitrator or mediator;

(4)  the judge having represented one of the parties;

(5)  the judge being a shareholder or an officer of a legal person or a member of a partnership or an association or another group not endowed with juridical personality that is a party to the proceeding;

(6)  a serious conflict existing between the judge and one of the parties or the lawyer of one of the parties, or threats or insults having been uttered between them during the proceeding or in the year preceding the application for recusation.

2014, c. 1, a. 202.