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LABOUR RELATIONS

Reasonable apprehension of bias—Judicial review of Adjudicator’s decision applicant not having just cause to dismiss former employee under Canada Labour Code— Applicant allegedly becoming aware Adjudicator also acting as counsel in action against it after decision rendered— Although reasonable apprehension of bias established, applicant waiving right to raise issue given negligence of Area Manager in not making inquiries regarding Adjudicator’s potential conflict of interest—Application dismissed— Canada Labour Code, R.S.C., 1985, c. L‑2.

Bank of Montreal v. Canada (Attorney General) (T‑1667‑04, 2006 FC 503, de Montigny J., judgment dated 21/0/06, 25 pp.)

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