Duty of Fairness: Difference between revisions
From Riverview Legal Group
Access restrictions were established for this page. If you see this message, you have no access to this page.
mNo edit summary |
|||
| (One intermediate revision by the same user not shown) | |||
| Line 2: | Line 2: | ||
{{Citation: | {{Citation: | ||
| categories = | | categories = [Legal Principles] | ||
| shortlink = | | shortlink = https://rvt.link/5u | ||
}} | }} | ||
==Harrison v. Orillia Soldiers' Memorial Hospital, 2006 CanLII 33670 (ON SCDC) | ==Harrison v. Orillia Soldiers' Memorial Hospital, 2006 CanLII 33670 (ON SCDC)<ref name="Harrison"/>== | ||
[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. | [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. | ||
| Line 23: | Line 23: | ||
<ref name="Baker">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</ref> | <ref name="Baker">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</ref> | ||
<ref name="Harrison">Harrison v. Orillia Soldiers' Memorial Hospital, 2006 CanLII 33670 (ON SCDC), <http://canlii.ca/t/1pqmb>, retrieved on 2020-08-23</ref> | |||
==References== | ==References== | ||
Latest revision as of 20:01, 13 May 2023
| 🥷 Caselaw.Ninja, Riverview Group Publishing 2025 © | |
|---|---|
| Date Retrieved: | 2025-04-03 |
| CLNP Page ID: | 870 |
| Page Categories: | [Legal Principles] |
| Citation: | Duty of Fairness, CLNP 870, <https://rvt.link/5u>, retrieved on 2025-04-03 |
| 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).
References
- ↑ 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
- ↑ 2.0 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
