Does the doctrine of reasonable apprehension of bias apply to an administrative tribunal?
British Columbia, Canada
The following excerpt is from Tymchuk v. Real Estate Council of British Columbia, 1999 CanLII 5534 (BC SC):
If the statute establishing an administrative tribunal provides for an overlapping of functions, generally the doctrine of "reasonable apprehension of bias" will not apply. That is, a perception of bias arising from the presence of a person in a decision-making capacity at two levels of the same proceeding will be excused if it is allowed for in the legislation: Brosseau v. Alberta Securities Commission, 1989 CanLII 121 (SCC), [1989] 3 W.W.R. 456 at 463-4 (S.C.C.).
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