Does the Appeal Panel breach the principles of procedural fairness by selectively quoting from the supporting documentation rather than reviewing the evidence objectively?
Canada (Federal), Canada
The following excerpt is from Comeau v. Canada (Attorney General), 2004 FC 1091 (CanLII):
The applicant submits that the Appeal Panel breached the principles of procedural fairness by selectively quoting from the supporting documentation rather than reviewing the evidence objectively with a concern about equity and providing justice to the applicant: Teubert v. Canada (Attorney General) (2002), 220 F.T.R. 151, 2002 FCT 634.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
When reviewing the sufficiency of evidentiary support for a conviction for sexual assault, is the evidence sufficient to support the conviction? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
What evidence will be produced to support a finding of procedural fairness? (Canada (Federal), Canada)
Can an administrative tribunal have breached procedural fairness by rejecting evidence? (Canada (Federal), Canada)
What is the legal test for evidence that supports the argument that an expert can provide evidence in an administrative record review? (MultiRegion, United States of America)
What is the standard of review applied when procedural fairness is breached? (Canada (Federal), Canada)
When reviewing a sentence on appeal, can the Court consider whether the sentence was based on procedural error rather than substantive reasonableness? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
