Appeal-Judicial Review - Fairness - Is Prior Notice of Intended Ruling Required?
. Canada (Attorney General) v. Ennis
In Canada (Attorney General) v. Ennis (Fed CA, 2021) the Federal Court of Appeal considered an issue of procedural fairness where a party was not given advance notice of the tribunal's intention to rule against it:
B. Procedural Fairness
[74] I turn finally to the procedural fairness issue. The Federal Court, as noted, raised as an additional reason for its intervention the fact that it was procedurally unfair for the Commission to have not given Mr. Ennis advance notice that it intended to reach a different conclusion from that reached by the assessor.
[75] With respect, there is no merit in this position. A litigant is not entitled to advance notice of a likely adverse ruling nor to an opportunity to provide submissions based on a draft decision.
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