An appeal concerning reasonable apprehension of bias and adjudicative independence in administrative tribunal decision-making.
The applicant sought a determination that her motor vehicle accident injuries met the statutory threshold for catastrophic impairment under the Statutory Accident Benefits Schedule.
The Licence Appeal Tribunal adjudicator initially determined the threshold was not met.
An anonymous letter subsequently revealed that the executive chair of the tribunal cluster had reviewed and altered the adjudicator's draft decision before release.
The Divisional Court found a reasonable apprehension of lack of adjudicative independence due to the imposed consultation process lacking procedural safeguards.
The Court of Appeal upheld this finding, emphasizing that consultation cannot be imposed by a superior level of authority without the adjudicator's consent and that robust procedural protections are required to safeguard independence.
