In Hall v. Unifund Assurance Company (Div Court, 2024) the Ontario Divisional Court considers a direct challenge to the competency of the tribunal member:
[23] Finally, the appellant submits that, as a recent appointee to the Licence Appeal Tribunal, the Adjudicator did not possess the necessary qualities of experience and expertise to attract the deference described by the Court of Appeal in Pastore v Aviva Canada Inc., 2012 ONCA 642 at paras. 19 and 22. That is an untenable and inappropriate submission. As with any judicial officer or tribunal member, the Adjudicator is presumed to have the necessary qualities and competencies to execute his functions. Deference is not dependant upon an assessment of a decision-maker’s background knowledge or experience let alone a gratuitous and unsubstantiated allegation in a factum.
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