Duty of Fairness

From Riverview Legal Group


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-03-28
CLNP Page ID: 870
Page Categories: [Legal Principles]
Citation: Duty of Fairness, CLNP 870, <https://rvt.link/5u>, retrieved on 2024-03-28
Editor: Sharvey
Last Updated: 2023/05/13


Harrison v. Orillia Soldiers' Memorial Hospital, 2006 CanLII 33670 (ON SCDC)[1]

[24]In Brown and Evans, supra, at 8-20, the authors conclude that a tribunal will generally only be required “otherwise by law to hold a hearing” if the procedural content of the duty of fairness applicable to the tribunal includes the essential aspects of an adjudicative hearing.

[25] The content of the duty of fairness is variable, as the Supreme Court of Canada stated in Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 S.C.R. 817.[2] Its content depends on a number of factors, including the following:

1. the nature of the decision being made;
2. the nature of the statutory scheme;
3. the importance of the decision to the individual or individuals affected;
4. the legitimate expectations of the person challenging the decision; and
5. the choices of procedure made by the agency itself (at paras. 22-27).

[2] [1]

References

  1. 1.0 1.1 Harrison v. Orillia Soldiers' Memorial Hospital, 2006 CanLII 33670 (ON SCDC), <http://canlii.ca/t/1pqmb>, retrieved on 2020-08-23
  2. 2.0 2.1 Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817, <https://canlii.ca/t/1fqlk>, retrieved on 2023-05-13