Sentences with phrase «procedural fairness questions»
My post welcoming Evans J.A.'s recent suggestion that weight could be accorded to administrative determinations of procedural fairness questions has provoked some debate, some in the comments section of that post, some on Twitter and some in emails to me.
http://www.administrativelawmatters.com/ Not exact matches
Procedural fairness requires an impartial decision - maker, but that partiality may come into question where a decision - maker heavily incorporates one party's submissions into reasons for judgment.
The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.
While a tribunal's substantive decision - making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions of general law, and must still reach decisions on a foundation of procedural fairness; legislatures do not authorize tribunals to decide matters through unjust processes (Dunsmuir at 128 - 129).
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),
Unreasonable delay is a possible basis on which to raise questions of natural justice, procedural fairness, abuse of process and abuse of discretion.
The question of deference on questions of procedural fairness will continue to hang over Canadian administrative law until it is argued and authoritatively resolved by the Supreme Court.
«The question in my mind then is whether the judge should have ignored the statute based on the lack of procedural fairness...»
In particular there are questions about whether the acquisition of property on just terms include some procedural fairness requirement.