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Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

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<strong>Young</strong> v. <strong>Saanich</strong> <strong>Police</strong> <strong>Department</strong>, et al Page 68<br />

arbitration proceedings are similar to judicial ones<br />

and indeed disputes between landlord and tenant<br />

would be in court but for the existence of this<br />

legislative arbitration scheme; there is effectively<br />

no internal appeal (the review process provided by<br />

s. 59 of the Act applies only on a very limited<br />

basis such as when new evidence has come to light<br />

that was not available before the hearing); and the<br />

outcome is highly important to the individuals<br />

affected. The petitioners in this case have lived<br />

in the community for many years, and the termination<br />

of their tenancies will mean dislocation for them<br />

and their families. I conclude that a high standard<br />

of procedural fairness is required.<br />

<strong>2003</strong> <strong>BCSC</strong> <strong>926</strong> (<strong>CanLII</strong>)<br />

I apply a similar standard of procedural fairness to the<br />

hearings under review in the case at bar.<br />

Reasonable Apprehension of Bias<br />

[140] In their petition, Mr. and Mrs. <strong>Young</strong> set out the<br />

basis for arguing a reasonable apprehension of bias at<br />

paragraph 1(e), as follows:<br />

(e) Three days before the August 15th hearing<br />

commenced, or on August 12th, and unbeknownst then<br />

to the Petitioner/Tenants or their Counsel, and<br />

three days before the Petitioners were given copies,<br />

the Arbitrator was presented and then read the whole<br />

of the Respondent CRHC's case in several documents,<br />

including "will-say" summaries of witnesses who did<br />

not subsequently appear or which was in excess of<br />

their actual testimony, and a detailed "chronology",<br />

creating thereby a reasonable apprehension of bias<br />

and cause for disqualification of the Arbitrator.

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