Discovery of modified complaint form did not violate applicant’s right to natural justice

Federal court | Administrative Law

NATURAL JUSTICE

Discovery of modified complaint form did not violate applicant’s right to natural justice

Adjudicator allowed complaint of unjust dismissal made by respondent and ordered respondent be compensated for loss of pay for period indicated in decision. Application for judicial review was dismissed. Adjudicator had jurisdiction to hear and decide complaint. None of jurisdictional challenges raised by applicant at hearing of complaint were justified. There was no breach of rules of natural justice or procedural fairness. Adjudicator rightly found that discovery of modified complaint form at hearing did not violate applicant’s right to natural justice and procedural fairness. Applicant was given adjournment. There was no evidence applicant suffered prejudice from admission of two complaint forms. Decision on merits was reasonable.

Burnt Church
(Esgenooopetitj) First Nation v. Bartibogue (July 11, 2011, F.C., Martineau J., File No. T-1006-10) 205 A.C.W.S. (3d) 9 (16 pp.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights