Sentences with phrase «bias of an adjudicator»

The former employee relied on the following grounds in his judicial review: bias of the adjudicator; fairness of the hearing; appropriateness of deciding the matter solely on the basis of abuse of process, and; whether the matter of genuineness of the emails was properly determined.

Not exact matches

Adjudicators must always be aware of this and guard against their own biases in assessing expert evidence.

Self - represented applicants at the Human Rights Tribunal of Ontario have raised the issue of bias directly or indirectly through expressed concerns about lawyers on the Tribunal's practice advisory committee appearing for respondents: see Guilmoutdinov v. Ontario College of Teachers (2009 HRTO 2130), for example, where the adjudicator noted that advisory committees were frequently used by tribunals to promote responsiveness to the communities they serve and concluded that membership on the committee did not create a reasonable apprehension of bias.

A recent Federal Court decision that addressed allegations of bias by an adjudicator hearing a case under the unjust dismissal provisions of the Canada Labour Code provides more comfort to adjudicators who engage in med - arb.

In dismissing the application, the court noted its displeasure with the former employee's continued allegations of fraud as well as the unfounded allegations of bias against the adjudicator:

One of the allegations of bias related to the fact that the adjudicator had been a partner with the law firm representing the bank, some twelve years earlier.

The business case for civility by the adjudicator is clear — crossing the line can result in a finding of apprehension of bias and a repeat of a hearing (with a different adjudicator).

For incivility that falls short of bias, the costs are more intangible and will depend on who bears the brunt of the disrespect of an adjudicator.

The mere fact that an adjudicator determines a request for reconsideration of his or her own decision does not, in and of itself, create a reasonable apprehension of bias in the context of this legislative scheme.

She submits that the Tribunal's Practice Direction on reconsideration, specifically allowing adjudicators to reconsider their own decisions, is insufficient to avoid the reasonable apprehension of bias.

In requesting the amendment and relying on the amended document in rendering its decision, the adjudicator gave the appearance of bias.

Parties who raise issues of conflict of interest based on a past role of an adjudicator usually frame that objection as an allegation of an apprehension of bias.