Indigenous law frequently engages principles of administrative law, such
as duties of fairness.
Not exact matches
The NDP could have framed this debate
as one
of protecting Alberta jobs and an Alberta - based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its
duty of procedural
fairness in the RFP process in a substantive manner).
President Osinbajo swears in Walter Onnoghen
as Chief Justice
of Nigeria; urges him to uphold justice,
fairness and truthfulness while performing his
duties Restore public confidence in the justice system, Ag.
«
As a senior prosecutor — and most recently as Acting District Attorney — he has demonstrated a clear commitment to justice and fairness, as well as an understanding of the difficult and unique nature of a police officer's duties.&raqu
As a senior prosecutor — and most recently
as Acting District Attorney — he has demonstrated a clear commitment to justice and fairness, as well as an understanding of the difficult and unique nature of a police officer's duties.&raqu
as Acting District Attorney — he has demonstrated a clear commitment to justice and
fairness,
as well as an understanding of the difficult and unique nature of a police officer's duties.&raqu
as well
as an understanding of the difficult and unique nature of a police officer's duties.&raqu
as an understanding
of the difficult and unique nature
of a police officer's
duties.»
Equity also imposed a
duty of fairness on solicitors in contracting with clients, requiring the solicitor to establish, for example, that the client understood the agreement, that the price was reasonable, and «that the transaction was in all respects fair, and such
as an independent solicitor who had performed his
duty, would have advised his client to enter into.»
Originally cast in terms
of inherent authority to control the processes
of the court and prevention
of abuse
of the process, it is today recognized that a trial judge has a
duty to manage the trial process balancing
fairness to the parties
as well
as efficient and orderly discharge
of court process.
The starting point is that the decision - maker is under a
duty of transparency and
fairness (which in this case required full disclosure
of the model and underlying data); it should not normally give undertakings
as to confidentiality in respect
of material that
fairness dictates it should disclose
as part
of its consultation.
If they would not give evidence, dangerous criminals would walk free and both society and the administration
of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if, in order to do justice, some adaptation
of ordinary procedure was called for, it should be made, so long
as the overall
fairness of the trial was not compromised; (iii) recent case law supported the adoption
of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use
of protective measures; and (v) the defendant was protected from the risk
of unfairness by the prosecutor's
duty of disclosure.
Except where there is a «red flag» prompting further inquiry, such
as an obvious error in the material or where information has come to light which casts a doubt on the reliability or integrity
of the facts or opinions in the underlying material, there was no
duty to examine the procedural
fairness of investigations upon which facts and opinions in a reference were based.
[116] The
duty of procedural
fairness would also require the ACO to outline what procedure it would undertake in making its determination, what evidence is required to meet the trigger test,
as well
as to convey the deadlines applying to the ACO's procedure -LSB-...].
As such, the only
duty of fairness that arises on parties that is the one in connection with disclosing their individual financial situations.
As such, there did not appear to be a
duty of fairness owed to the SMC.
The court also noted three considerations: (1) the gravity
of the harm inflicted by non-disclosure; (2) the
fairness of imposing a
duty of discovery on the buyer
as an alternative to compelling disclosure; and (3) its impact on the stability
of contracts if rescission is permitted.