Simon's Legal Resources

Procedural Fairness

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COMMENT

'Procedural fairness' (aka 'fairness') is, since 1978, a common-law administrative ground of judicial review and administrative statutory appeals. It's originally a growth of 'natural justice', but now has established itself as a larger, independent - and growing inexorably - legal doctrine.

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CASES

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INTRODUCTION

Introduction to Fairness

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GENERAL

General
Fairness - General
Fairness - Equity

Doctrinal Development
Fairness - As Legal Error
Fairness - The Borders of Fairness

Contrasted With Other Doctrine
Fairness - Contrasted With Other Doctrine

Practice Issues
Fairness - Prompt Objection Required
Fairness - Browne v Dunn
Fairness - Is Prejudice Required?
Fairness - Excessive Procedural Complexity

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FAIRNESS CHARACTERIZED

Fairness is a Procedural Doctrine
Fairness is Procedural, Not Substantive

Fairness - More than an Administrative Issue?
Fairness - Is It Only an Administrative Law Issue?
Fairness and the Common Law
Fairness - Reasons
Fairness - Standing
Fairness - Abuse of Process [/LINK 'abuse of process']
Fairness - In Contract?
Fairness - Political
Fairness - Civil Litigation
Fairness - Insolvency
Fairness - Criminal

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PROCRUSTES ISSUES [What does this mean?]

Fairness - Limiting Witnesses
Fairness - Limiting Evidence (+)
Fairness - Limiting Submissions
Fairness - Limiting Pleadings
Fairness - Limiting Cross-examination
Fairness - Limiting Hearing Time
Fairness - Limiting 'Jurisdictionally'

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PROCEDURAL ISSUES

General Procedural Issues
Review - Grounds [this link may be useful for identifying 'fairness'-like errors from non-administrative contexts]

Specific Procedural Issues
Fairness - Right to be Heard
Fairness - When Oral Hearing Necessary
Fairness - Merger/Separate Hearings
Fairness - Interruptions [tie to /bias/interruptions?]
Fairness - Late Submissions
Fairness - Participation
Fairness - Non-Participation
Fairness - Intentional Tribunal Delay
Fairness - Disability
Fairness - Failure to Consider Argued Issue
Fairness - 'Open Courts'
Fairness - Issue Raised by Tribunal/Court
Fairness - Unargued Grounds
Fairness - Language
Fairness - Basic Communication
Fairness - Summary Refusal of Motion
Fairness - Duty of Tribunal to Provide Legal Advice?
Fairness - Abandonment
Fairness - Pleadings
Fairness - Types of Hearing
Fairness - Case Decided on Unpled Issues
Fairness - Order of Submissions
Fairness - Inadequate Preparation
Fairness - Concessions in Argument
Fairness - Written Hearings
Fairness - Misrepresentation

Evidence-Related
Fairness - Evidence - General
Fairness - Disclosure
Fairness - Cross-Examination
Fairness - Multi-party Evidence
Fairness - Where Summons Disobeyed
Fairness - Tribunal's Burden of Proof
Fairness - Transcript Availability
Fairness - Evidence - Ex Parte

Notice
Fairness - Notice
Fairness - Is Prior Notice of Intended Ruling Required?
Fairness - Is Prior Notice of Intended Remedy Required?
Fairness - Notice of Allegations
Fairness - Service

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BAKER FACTORS

Fairness - Baker - Basics (+)
Fairness - Baker - Importance of Decision
Fairness - Baker - Legitimate Expectations (+)
Fairness - Baker - Statutory Scheme
Fairness - Baker - Nature and Process of Decision
Fairness - Baker - Choice of Procedure

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REVIEWS (Appeals, Judicial Review and Related)

Fairness - Standard of Review (SOR) (+)
Fairness - Fresh Law
Fairness - Fresh Remedies
Fairness - Re-Opening

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OTHER

By Specific Proceedings
Fairness - Arbitration
Fairness - Legislative/Regulatory Proceedings
Fairness - Investigations
Fairness - Municipalities
Fairness - 'High-Volume Tribunals'
Fairness - Forfeiting Security Bond
Fairness - Livelihood
Fairness - Adjudicative
Fairness - Ministerial Decisions

Remedies
Fairness - Remedies
Fairness - Repair by Subsequent Procedures
Fairness - Variable Degree of Fairness Owed

Statutory Amendments to Fairness Doctrine
Fairness - Statutory Amendments to Fairness Doctrine

Jurisdictional Limits
Fairness - Jurisdictional Limits
Fairness - Tribunal Independence

Charter and the HRC
Fairness - Human Rights Code
Fairness - Charter

Natural Justice
VAVILOV - Fairness - Natural Justice
Natural Justice

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