Sentences with phrase «deprived procedural fairness»

The Court of Appeal concluded Dr. James was deprived procedural fairness and, as such, is entitled to a new hearing on both summary judgment and certification.

Not exact matches

The decision by a three - judge panel stated that, «the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.»

We emphasize that this does not deprive the judge of a remedy where procedural or fairness issues arise in an inquiry, just that the sui generis judicial conduct process under the Judges Act has built into it a mechanism (by way of appeal from the Committee to the Council at the end of the inquiry process) to address those issues through the Council which is itself a superior court.

Justice Dunphy then rejected the plaintiff's s. 7 argument, that he was deprived of procedural fairness and a the principles of fundamental justice.