A tribunal member who has previously determined issues adverse to a party must not sit on an appeal or review involving the same issues without disclosing the prior involvement and giving the parties an opportunity to object. The failure to disclose the constitution of a tribunal panel, particularly when proceedings are conducted entirely on the papers, exacerbates any apprehension of bias. Courts may grant leave to appeal on questions of apprehended bias even where the underlying dispute is moot, where the issue goes to public confidence in tribunal processes.
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