Does a de novo appeal cure a breach of procedural fairness?
British Columbia, Canada
The following excerpt is from A2001896 (Re), 2021 CanLII 48804 (BC WCAT):
Rather, while a de novo appeal may often cure a breach of procedural fairness, such an outcome will not necessarily always be the case. Each circumstance must be analysed on the basis of its own particular facts and statutory nuances. I consider that the correct statement of law in this regard is set out by our Court of Appeal in Taiga Works Wilderness Equipment v. British Columbia (Director of Employment Standards), 2010 BCCA 97.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is deprivation of liberty unlawful if it is made without jurisdiction or breach of procedural fairness? (British Columbia, Canada)
Does the BCSC need to approve the proposed amendments to the Rules of Civil Procedure and Procedure to the rules of procedure? (British Columbia, Canada)
How has the BCSC interpreted Rule 14-1(9) of the Rules of Civil Procedure and Procedure regarding the exercise of discretion of the Court of Appeal? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
Can an appeal be dismissed as abandoned on the grounds that the order appealed from was interlocutory and leave to appeal had not been obtained? (British Columbia, Canada)
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
What is the effect of the Appendix B amendment to the Rules of Civil Procedure and Procedure to the Court of Appeal on costs? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What is the difference between a fair trial and a fair appeal? (British Columbia, Canada)
What is the relevance of Rule 11‑6(4) of the Rules of Civil Procedure and Procedure requiring a physical examination? (British Columbia, Canada)
