A Board of Referees is required to give each of the parties interested in an appeal a reasonable opportunity to make representations concerning any matter before the Board.
Subsection 83(1) Employment Insurance Regulations
The right to a fair hearing, as guaranteed by the principles of natural justice, includes the right of the claimant to receive reasonable notice of the place and time of the hearing; know the case to be met, be present and represented by someone of his or her choice; submit evidence and fully present his or her case; hear submissions of the opposing side and respond accordingly; and, have the matter determined by an impartial tribunal.
So fundamentally important is a claimant's right to a fair hearing hat there must not exist even the appearance of prejudice to the right of any claimant to make a full presentation before an unbiased Board of Referees. The law requires that not only must justice be done, it must manifestly and undoubtedly be seen to be done. The mere suspicion that a claimant has been denied this right is justification in itself for an order returning the matter to the Board of Referees.
The test for whether a reasonable apprehension of bias exists is "whether a reasonably informed bystander could reasonably perceive bias on the part of an adjudicator."
Where a reasonable apprehension of bias does exist, or a breach of natural justice has been committed by the original Board of Referees, the matter should be returned to a newly constituted Board of Referees for rehearing.
A Board of Referees is entitled to conduct its hearings in a variety of ways, including by telephone conference. However, Boards are obliged to conduct their hearings in a manner that accords the parties a fair hearing. In some circumstances that will require a hearing in person. One such circumstance arises when the credibility of the claimant or others is really in issue.
Canada (A.G.) v. Peterman, April 8, 1987, F.C.J. No. 333 (F.C.A.) A-532-86
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2009-04-28