The Appellant company successfully appealed the Respondent Panel’s decision to uphold an administrative penalty relating to trenching safety requirements. The Court of Appeal held the Panel breached its duty of procedural fairness in considering documents not in the possession of the Appellant.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – Occupational Health and Safety Officer – Safety requirements – Penalties – Judicial review – Appeals – Procedural requirements and fairness – Natural justice – Evidence – Disclosure Sackville Trenching Ltd. v. Nova Scotia (Occupational Health and Safety Appeal Panel), [2012] N.S.J. No. 196, 2012 NSCA 39, Nova Scotia Court ...