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5 Nov

Lawyer who was not provided the opportunity to be heard about breach of duty to the court was denied procedural fairness

Friday, November 5, 2021James R.G. CookLitigationProcedural Fairness

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Professional reputations which take years to build can be damaged by negative comments in judicial reasons, which are publicly available on CanLII and...

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24 Jun

Tribunal’s independent legal research not procedurally unfair

Thursday, June 24, 2021Stephen A. ThieleLitigationLegal Research , Orders and Judgments, Procedural Fairness

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When a judge or an adjudicator renders a decision that is not anchored in the pleadings, evidence, positions or submissions of the parties, appellate courts have overturned the...

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