In Arthur v. Canada (Minister of Employment and Immigration), 1992 CanLII 2410 (FCA), [1993] 18 Imm. L.R. (2d) 22, 98 D.L.R. (4th) 254, MacGuigan J.A. noted at para. 8 double adjudication by a judge of itself has not been seen to pose any great difficulty. He sums up the law as follows: The most accurate statement of the law would thus appear to be that the mere fact of a second hearing before the same adjudicator, without more, does not give rise to reasonable apprehension of bias, but that the presence of other factors indicating a predisposition by the adjudicator as to the issue to be decided on the second hearing may do so. Obviously one consideration of major significance will be the relationship of the issues on the two hearings, and also the finality of the second decision. I agree with this statement of law. Based on the fact the two matters were unrelated and dealt with different facts and types of conduct, there was nothing improper with the same HC adjudicating both matters.
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