Kennedy, Re, (1984) 1 O.A.C. 317 (DC)

Judge:O'Driscoll, Anderson and Callaghan, JJ.
Court:Superior Court of Justice of Ontario
Case Date:January 23, 1984
Jurisdiction:Ontario
Citations:(1984), 1 O.A.C. 317 (DC)
 
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Kennedy, Re (1984), 1 O.A.C. 317 (DC)

MLB headnote and full text

Re Kennedy

Kennedy v. Board of Commissioners of Police of the City of Sarnia

Indexed As: Kennedy, Re

Ontario Divisional Court

O'Driscoll, Anderson and Callaghan, JJ.

January 23, 1984.

Summary:

This headnote contains no summary.

Administrative Law - Topic 2088

Natural justice - Constitution of board - Bias, apprehension of - The chairman of the Board of Police Commissioners expressed an adverse opinion of the character of a person who was the subject of a hearing before the board - The Ontario Divisional Court prohibited the chairman from participating in the hearing because there existed a "probability, or reasoned suspicion" of bias.

Cases Noticed:

Szilard v. Szasa, [1955] S.C.R. 3, refd to. [para. 2].

Counsel:

David O'Connor, for the applicant;

Carl Fleck, Q.C., for the respondents;

J.B. Johnston, for the Attorney General.

This application was heard by O'Driscoll, Anderson and Callaghan, JJ., of the Ontario Divisional Court on December 22, 1983.

The decision of the Divisional Court was delivered orally by Callaghan, J., and was released on January 23, 1984.

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