The rules about natural justice and procedural fairness apply to the dispute resolution process. According to Section 58 of the Administrative Tribunals Act, “questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, the tribunal acted fairly.” The BC Supreme Court has also found that procedural fairness consists of two rights: the right to be heard and the right to an impartial hearing. Here are some examples of issues that may be considered breaches of procedural fairness:
- you were not given sufficient notice of a hearing and therefore could not attend or adequately prepare;
- the arbitrator did not allow you to speak or present your evidence;
- the arbitrator did not allow you to question the opposing party;
- the arbitrator relied on documentary evidence that you never received and therefore could not adequately respond to; and
- the arbitrator had a personal interest in the outcome of your hearing.
Resources
- Rules of Procedure – Definition of Party
- Administrative Tribunals Act Section 58 – Standard of review with privative clause
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