Non-consideration of cited precedent can amount to an apparent error on the face of the record, justifying recall.

Non-consideration of submissions and cited precedents in a final order was treated as an apparent error on the face of the record, justifying rectification and recall. The Tribunal found that the earlier order did not show examination of the appellants' hearing submissions or the case law placed on record, and treated that omission as sufficient for recall. West Coast Industrial Gases was applied as the governing principle for recalling an order where cited judicial precedent had not been considered. The Supreme Court decision relied on by the applicant was held not apposite. The final order was recalled and the appeal was posted for rehearing.

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Issues: Whether the final order required rectification and recall on the ground that the appellants' submissions and cited authorities were not considered, thereby constituting an apparent error on the face of the record.

Analysis: The application was founded on the assertion that the final order did not disclose consideration of the specific submissions made at the hearing or the case law relied upon in the synopsis placed on record. The Tribunal found that the earlier order did not indicate examination of those submissions or precedents, and treated such non-consideration of cited case law as an apparent error warranting rectification. The decision in West Coast Industrial Gases was applied as the governing principle for recalling an order where judicial precedent cited before the Tribunal had not been considered. The Supreme Court decision cited in support of the application was found not apposite to the present situation.

Conclusion: The application was allowed, the final order was recalled, and the appeal was posted for rehearing.

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