Iacobucci J.
Iacobucci J. ‑‑ We agree with the British Columbia Court of Appeal that the practice of the tribunal in question is one of the many factors to consider in determining whether the necessary degree of independence is present to avoid creating a perception of reasonable apprehension of bias. We also agree with the British Columbia Court of Appeal that the situation in this case, particularly its self‑regulatory context, is quite different from that which was present in Canadian Pacific Ltd. v. Matsqui Indians Band, [1995] 1 S.C.R. 3.
Consequently, for these reasons and substantially for the reasons of the British Columbia Court of Appeal, we would dismiss the appeal with costs.
Cases cited
- Canadian Pacific Ltd. v. Matsqui Indian Band 23643-1995-01-26 ¶ 1