Sentences with phrase «consider procedural fairness»

Essentially, an oral hearing allows the judge to consider procedural fairness to and the substantive rights of the plaintiff under disability.

Not exact matches

In terms of procedural fairness, that is an acceptable area for judicial review but it should not, in my view, be extended to consider the substance of the offence created.»

As Annis J. put it in David v. Canada (Attorney General), 2014 FC 358, where the question was «whether the acknowledged requirement of thoroughness of an investigation by the Commission is to be considered as part of the reasonableness analysis or whether it is a matter of procedural fairness subject to a correctness standard of review» (at para. 53),

On judicial review, the third party union argued that the failure to consider its argument was a breach of procedural fairness.

The court stated that had the decision rested solely on the basis of the denial of procedural fairness, the grievance would have been sent back to the arbitrator so that the argument could be considered.

There was a breach of procedural fairness as the Tribunal considered extrinsic evidence, without advising the parties that it would be considering this evidence and without affording the parties any opportunity to respond to it.

The Federal Court of Appeal held that whether an adjudicator has a legal obligation to consider an argument is part of his or her duty of procedural fairness — which is assessed by the courts on a standard of correctness.

When considering how to teach procedural fairness, Washington state judicial educators searched for a way that extended beyond the traditional conference plenary session so commonly used in our state.

Kansas Appellate Judge Steve Leben's paper «Considering Procedural Fairness Concept in the Courts of Utah» highlights ways in which procedural fairness principles can be applied in courts and also examines their application to programs measuring judicial peProcedural Fairness Concept in the Courts of Utah» highlights ways in which procedural fairness principles can be applied in courts and also examines their application to programs measuring judicial peprocedural fairness principles can be applied in courts and also examines their application to programs measuring judicial performance.

In Baker, the Supreme Court noted that the purpose of the participatory rights contained within the duty of procedural fairness is, among other things, to provide an opportunity for those affected by the decision to put forward their views and evidence fully and have them considered by the decision - maker.