Rarotonga, 2010

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(Ontario/Canada)

EVIDENCE | ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
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Civil and Administrative
Litigation Opinions
for Self-Reppers


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JR - SOR - Fairness

. Pacific Coast Terminals Co. v. Nenad Habus

In Pacific Coast Terminals Co. v. Nenad Habus (Fed CA, 2025) the Federal Court of Appeal dismissed a labour JR, this against a CIRB order prohibiting "employer reprisals against employees for exercising their rights under Part II of the Code in relation to unsafe work" [s.147 CLC 'General prohibition re employer'].

Here the court cites an SOR for 'procedural fairness':
[21] In addition, the applicants say that they were denied procedural fairness when the Board refused to hold an oral hearing despite the requests of all parties. On judicial review for procedural fairness, this Court is to determine for itself whether the Board’s process satisfied the level of fairness required in all the circumstances, in effect applying a standard of correctness: Jagadeesh v. Canadian Imperial Bank of Commerce, 2024 FCA 172 at para. 53; Canadian Pacific Railway Company v. Canada (Attorney General), 2018 FCA 69 at paras. 44-56.


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Last modified: 28-08-25
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