Duty of Fairness

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	870
Page Categories:	[Legal Principles]
Citation:	Duty of Fairness, CLNP 870, <https://rvt.link/5u>, retrieved on 2024-11-24
Editor:	Sharvey
Last Updated:	2023/05/13

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

[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. 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).