Duty of Fairness: Difference between revisions
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==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. | ||
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<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 2021 © | |
|---|---|
| Date Retrieved: | 2024-05-11 |
| CLNP Page ID: | 870 |
| Page Categories: | [Legal Principles] |
| Citation: | Duty of Fairness, CLNP 870, <https://rvt.link/5u>, retrieved on 2024-05-11 |
| 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
