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.

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About Morgan Camley

Morgan Camley is a Partner in Dentons’ Litigation and Dispute Resolution group. Over the course of her career, she has distinguished herself as a results-driven lawyer who brings extensive experience in complex commercial litigation, agri-business, regulatory and Aboriginal law, as well as criminal and municipal law.

About Mitch Bringeland

Mitch Bringeland is an associate in the Litigation & Dispute Resolution group. He maintains a diverse practice in corporate, commercial and civil litigation with a focus in complex contract disputes, class actions, judicial reviews, commercial arbitration, environmental law and Indigenous law.

About Kathryn Gullason

Kathryn Gullason (She/Her/Hers) is a research associate in the Litigation & Dispute Resolution group at Dentons. She supports the Firm’s lawyers and clients, researching complex legal issues, preparing opinions for clients, developing submissions for court and other proceedings, tracking legal developments in the Firm’s key practice areas and drafting legal insights.