Is there any case law where the applicant alleges bias on the part of the appeal panel who reconsidered their own decision?
Canada (Federal), Canada
The following excerpt is from Furlong v. Canada (Attorney General), 2003 FCT 731 (CanLII):
The applicant also alleges bias on the part of the members of the appeal panel who reconsidered their own decision. Since I agree with the respondent, I adopt most of his arguments. First, the applicant should have raised this argument at the earliest opportunity, i.e., at the hearing of the first application to reconsider (March 29, 2000) or at the hearing of the second application (January 15, 2002). He cannot rely on it for the first time in his application for judicial review. Not raising it is tantamount to waiving this argument [Hudon v. Canada (Attorney General), [2001] F.C.J. No. 1836 (F.C.)].
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