CIVIL LITIGATION

The time to draw the attention of a tribunal to a clear manifestation of bias on its part is ordinarily when it occurs.

It is only in a clear case that an advocate can responsibly take this course and a judge accede to it because of the expense that a recusal will inevitably throw upon one or both parties.

However, appellate and reviewing courts tend not to look favourably on complaints of vitiating bias made only after the complainant has taken his chance on the outcome and found it unwelcome.