Can a failure of natural justice be cured at the appellate level?
New Brunswick, Canada
The following excerpt is from Estabrooks v. New-Brunswick (Director of Consumer Affairs), 2017 NBFCST 2 (CanLII):
Thus, when justice requires a fair trial and a fair appeal it may be said that a failure of natural justice at the original hearing cannot be cured at the appellate level. It may also be said that where the appeal stage is akin to a trial de novo the subsequent hearing may cure the defect in the first hearing. Such was the case in Harelkin v. University of Regina, 1979 CanLII 18 (SCC), [1979] 2 S.C.R. 561. […]
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