audi alteram partem

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Making Adverse Findings against a Party Who Withdraws an Appeal is a Breach of Procedural Fairness

Somewhat obvious, one would have thought! One can imagine the surprise of the applicant in Can-Euro Investments Ltd. v. Ollive Properties Ltd., 2013 NSCA 80, who, having withdrawn an appeal before the Utility and Review Board was nonetheless strongly criticized in a decision handed down weeks later. The relevant facts can be briefly recounted: [26]   […] Read more