引用:
作者: 只在乎曾经拥有
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CanLII - 2007 CanLII 44345 (ON S.C.D.C.)
法庭的宣判一般人还真看不懂,有没有高人出来解释一下
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BY THE COURT:
[1] The appellants seek the relief of a hearing of the complaint before a differently constituted Tribunal. They argue that the principles of natural justice and procedural fairness are so questionable that on balance a further hearing is required so that justice can seem to be done.
[2] The evidence deals with much conflicting attempts at service to various addresses and or using various telephone numbers. The corporate search addresses do not appear to have been used. Communications were made. There is a suspicion of evasion. There is a suspicion of a lack of due diligence. The language issue is real. The Association has a member who assists in translating. That service was not used.
[3] On balance, we conclude that procedural fairness does not on this record appear to have been achieved. In the result, there shall be a new hearing before a differently constituted Tribunal.
[4] Counsel for the appellants shall have a duty to advise the Tribunal of proper addresses for service.
[5] Submissions have been made on costs. In the result, we conclude this is not a case where costs should be ordered. No order as to costs.