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Simon Shields, LLB

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Appeal - Natural Justice

Judicial Review - Natural Justice

McGregor v. Pitawanakwat (Ont CA, 2017)

In this case the Court of Appeal affirms the useful point that a violation of natural justice in a hearing is appellable regardless of whether the violation influenced the outcome:
[12] A final preliminary point is that the denial of a fair hearing is a free-standing ground of review. A correct decision cannot cure an unfair hearing, because the unfairness would taint the entire proceedings: see R. v. S. (R.D.), 1997 CanLII 324 (SCC), [1997] 3 S.C.R. 484, at para. 100.


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