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Decision
[1] On April 22, 2015, a General Division member determined that the Applicant’s appeal from the previous determination of the Commission should be dismissed. In due course, the Applicant filed an application for leave to appeal to the Appeal Division.
[2] Subsection 58(1) of the Department of Employment and Social Development Act states that the only grounds of appeal are that:
- (a) The General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
- (b) The General Division erred in law in making its decision, whether or not the error appears on the face of the record; or
- (c) The General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.
[3] The Act also states that leave to appeal is to be refused if the appeal has “no reasonable chance of success”.
[4] Among other arguments, the Applicant submits that the General Division member hearing his case was biased against him because he ignored his arguments and only addressed the Commission’s position.
[5] Allegations of bias are extremely serious. Although I make no finding on the matter, I find that there are sufficient specifics here to establish grounds for appeal. I will, however, expect the Applicant to provide further submissions and evidence regarding these allegations. I note that the courts have repeatedly stated that there is a strong but rebuttable presumption that a judicial or quasi-judicial decision maker (such as the General Division member) is not biased against any party.
[6] Having found the above, I conclude that this application has a reasonable chance of success and that this application for leave to appeal must be granted.