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Administrative - Conflict of Interest. Landa v. The Dominion of Canada General Insurance Company
In Landa v. The Dominion of Canada General Insurance Company (Div Court, 2024) the Divisional Court cites the LAT's 'Code of Conduct', recusing member's from determining cases involving "any matter involving a firm where they worked immediately prior to that appointment":[96] Ms. Landa alleged reasonable apprehension of bias. She did so on the basis that the LAT member who conducted two case conferences was previously affiliated with the law firm representing Dominion and on the basis that the LAT decisions were reconsidered by the same member who made the original decisions.
[97] There is a strong presumption that an administrative decision maker is impartial. The burden is on the party alleging bias and the grounds for making the allegation must be “substantial” (Wewaykum Indian Band v. Canada, 2003 SCC 45, [2003] 2 S.C.R. 259).
[98] According to LAT’s Code of Conduct, during the first two years of their appointment, members must not determine any matter involving a firm where they worked immediately prior to that appointment. The LAT member who conducted the case conferences in question was appointed to the LAT on January 24, 2018. The case conferences were conducted on April 6, 2020 and May 4, 2020 – more than two years after her appointment. Furthermore, she did not determine any substantive issues at the case conferences. In view of this, Ms. Landa has failed to meet her burden of establishing a reasonable apprehension of bias against the member who presided over the case conferences.
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