Raeburn v. Canada ( Labour Relations Board )
A-40-94
Linden J.A.
3/5/95
4 pp.
Application for judicial review of CLRB's reversal of earlier decision to dismiss certification application pursuant to union application for reconsideration -- Board not giving notice of reconsideration to applicants, authors of documents considered by panel in reaching initial determination, on basis applicants neither parties nor interveners and thus not entitled to notice pursuant to Regulations, s. 37 -- Principle of natural justice, holding individuals whose rights may be affected by legal proceedings having right to receive notice of proceedings and to make representations in them, embedded in Regulations, s. 10 -- Such right existing whether of not resulting representations making any difference to outcome -- Although applicants not "parties" or "interveners" in proceedings i.e. status guaranteeing them right of notice pursuant to s. 37, applicants nevertheless entitled to receive notice of reconsideration based on natural justice and on Act, s. 10 -- S. 37 requirement to give notice to parties and interveners in cases of reconsideration not overriding s. 10 requirement, more in harmony with natural justice case law and applicable to all applications -- Application allowed -- Canada Labour Relations Board Regulations, 1992, SOR/91-622, ss. 10, 37.