William R. Herridge

The appellant employer was found by a three-member panel of the Ontario Labour Relations Board to have failed to bargain in good faith by not disclosing an impending plant closure.

Before the decision was finalized, the panel discussed the policy implications of the case at a full board meeting.

The appellant challenged the decision, arguing the full board meeting violated the rules of natural justice, specifically the principles of 'he who decides must hear' and 'audi alteram partem'.

The Supreme Court of Canada dismissed the appeal, holding that institutional consultation processes like full board meetings do not violate natural justice provided they are limited to policy discussions, facts are taken as given, no votes are taken, and parties are given an opportunity to respond if new grounds are raised.

The appellants appealed a decision of the Manitoba Court of Appeal that had allowed an appeal from a judgment dismissing an application to strike out third party notices in a professional negligence action.

The Supreme Court of Canada allowed the appeal, set aside the Court of Appeal's order, and reinstated the trial judge's order dismissing the application to strike out the third party notices.