ADMINISTRATIVE LAW |
Judicial Review |
Certiorari |
Canadian Pacific Railway v. Dunn
T-845-99
2001 FCT 449, Blanchard J.
9/5/01
13 pp.
Labour relations--Application for judicial review of Adjudicator's decision refusing applicant's motion for postponement of scheduled hearing on complaint of unjust dismissal--Applicant also seeks withdrawal of Adjudicator on ground of reasonable apprehension of bias--Adjudicator insisting on proceeding as soon as possible, setting date on which counsel for applicant had informed him witnesses would not be available--Applicant's counsel alleging Adjudicator questioned truthfulness of availability of witnesses--Issues: whether Adjudicator breached principle of natural justice by scheduling hearing dates conflicting with availability of applicant's witnesses; whether reasonable apprehension of bias on part of Adjudicator--Application allowed on first ground--Adjudicator breached duty of procedural fairness by scheduling hearing dates which conflict with availability of applicant's witnesses--Availability of witnesses and counsel should be key consideration in setting of new hearing dates for matter, and reasonable time frame should be provided for witnesses and counsel to make themselves available--On evidence, no reasonable apprehension of bias on part of Adjudicator.