Background:

• Kelly Martin challenged the foreclosure and sale of her property by 11037315 Canada Inc. (110), managed by Roy D’Mello, alleging improper legal proceedings and lack of notice.
• The Court of Appeal ordered a trial on the issue of the bona fide sale of Martin’s property and a reference for accounting between Martin and 110.

Legal Issue:

• D’Mello, representing 110, moved for the recusal of Justice E. Chozik citing bias and procedural irregularities in the ongoing trial and reference.

Court’s Analysis and Decision:

• The court dismissed D’Mello's motion for recusal, finding no evidence of bias or reasonable apprehension of bias.
• Justice Chozik determined that her actions, including inquiries into compliance with court orders and potential contempt of court, were justified and necessary for the proper administration of justice.
• The court addressed procedural concerns raised by D’Mello, such as the scheduling of the reference and adherence to procedural rules, and found them to be without merit.
• The reference was to proceed as scheduled, with the court noting D’Mello's familiarity with legal procedures as a licensed lawyer and the clarity of the Court of Appeal’s order.

Outcome:

• Motion for recusal dismissed; the reference proceeded with Justice Chozik presiding, and D’Mello was found to owe Martin $354,197.58 plus interest.
• The court’s decision highlighted the complexities and legal intricacies surrounding the case, emphasizing the judiciary's role in maintaining the procedural integrity of legal proceedings.