Can a whole decision be invalidated?
British Columbia, Canada
The following excerpt is from A1701661 (Re), 2018 CanLII 76480 (BC WCAT):
The worker also cites May v. Ferndale Institution, 2005 SCC 82 (May) as supporting the argument that the whole decision should be invalidated. In May at paragraph 92, which is the paragraph referred to by the worker, the court held that: In an administrative context, the duty of procedural fairness generally requires that the decision-maker discloses the information he or she relied upon. The requirement is that the individual must know the case he or she has to meet. If the decision-maker fails to provide sufficient information, his or her decision is void for lack of jurisdiction.
May also refers to Ruby v. Canada (Solicitor General), [2002] 4 S.C.R. 3, 2002 SCC 75, in which it is stated that a fair hearing involves allowing the parties to know the opposing party’s case so they can address evidence prejudicial to their case and bring evidence to prove their position.
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