What is the test for admitting arguably relevant evidence at a labour arbitrator's hearing?
Canada (Federal), Canada
The following excerpt is from BFI Canada v. Teamsters Local Union No. 419, 2007 CanLII 37668 (CA LA):
27. If there is any doubt about its admissibility, it is appropriate for a labour arbitrator to admit arguably relevant evidence, particularly when the evidence in issue is a grievor’s, and sort the issue out once all the evidence and argument is in. However, it has also been clear for at least 200 years (i.e. at least since Browne v. Dunn, supra) that even relevant evidence must be excluded if admitting it would offend the fundamental principle of fairness. A party that has not acted fairly cannot be heard to complain when evidence that it considers important is excluded as a result of its own conduct.
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