British Columbia Environmental Appeal Board “enters the fray,” giving rise to a reasonable apprehension of bias

In District Director, Metro Vancouver v. Environmental Appeal Board, the Supreme Court of British Columbia quashed a BC Environmental Appeal Board (EAB) decision on the basis that the EAB Panel’s conduct during an appeal hearing gave rise to a reasonable apprehension of bias. Morgan Camley, Mitch Bringeland and Kathryn Gullason discuss the decision, which highlights that, despite the high bar for challenging a regulatory decision based on an allegation of bias, decision-makers can be overturned if they “enter the fray” and align themselves with one of the parties.

Read the full blog on Dentons Canada’s Commercial Litigation Blog here.