On rare occasions, one can remove the presiding judge if one can show that the judge is displaying bias in the hearing before them or for some other reason is not objective. One should look at the decision of Justice Paull of the Ontario Court of Justice in CAS Oxford v. EMT, a 2019 decision. In that case, Justice Paull reviewed all of the law in this area, which begins with the Supreme Court of Canada decision in R v. S, a 1997 decision and the Committee for Justice of Liberty v. Canada, a 1976 Supreme Court of Canada decision. The courts had held “the apprehension of bias must be a reasonable one held by reasonable and right minded persons applying themselves to the question and obtaining thereon the required information. The test is what would an informed person viewing the matter realistically and practicality…. and having thought the matter through conclude. The presence or absence of an apprehension of bias is evaluated through the eyes of a reasonable, informed practical and realistic person.
The Ontario Court of Appeal also weighed in Bailey vs. Barbour in 2012. It requires a high threshold of evidence when a party seeks a recusal i.e. the disqualification of a judge. Allegations of judicial bias will have to overcome a strong presumption of judicial impartiality.
Rarely attempted and even more rarely accomplished.