A breach of procedural fairness will generally result in a reviewing tribunal or court remitting the matter back for reconsideration. There is, however, an extremely narrow exception to this known as the Mobil Oil principle.  In Mobil Oil, the Supreme Court of Canada decided not to send a case back for redetermination because the matter that would have been the subject of redetermination was not the subject of the remedies sought, and it was determined to be impractical to send it back.  The reason was that the Court had already decided […]

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