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ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
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TOPICS


Procedural Fairness


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.



CASES

Introduction

Introduction to Fairness

Standard of Review

Fairness - SOR (+)

Principles

Fairness - General
Fairness - Is Prejudice Required?
Fairness - Prompt Objection Required
Fairness and the Common Law
Fairness - When Oral Hearing Necessary
Fairness is Procedural, Not Substantive
Fairness - Disclosure
Fairness - Cross-Examination
Fairness - Standing
Fairness - Reasons
Fairness - Is It Only an Administrative Law Issue?
Fairness - Is Prior Notice of Intended Ruling Required?
Fairness - Is Prior Notice of Intended Remedy Required?
Fairness - Multi-party Evidence
Fairness - Interruptions
Fairness - 'High-Volume Tribunals'
Fairness - Notice
Fairness - Arbitration
Fairness - Disability
Fairness - Re-Opening
Fairness - Limiting Witnesses
Fairness - Limiting Evidence
Fairness - Limiting Submissions
Fairness - Late Submissions
Fairness - Participation
Fairness - Jurisdictional Limits
Fairness - Browne v Dunn
Fairness - Political
Fairness - 'Open Courts'
Fairness - Fresh Remedies
Fairness - Issue Not Raised by Tribunal
Fairness - Unargued Grounds
Fairness - Language
Fairness - Basic Communication
Fairness - Tribunal Independence
Fairness - Intentional Tribunal Delay

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

Abuse of Process [linked from abuse of process]

Fairness - Abuse of Process

Certain Proceedings

Fairness and Legislative/Regulatory Proceedings
Fairness - Investigations
Fairness - Repair by Subsequent Procedures
Fairness - Municipalities

Charter and the HRC

Fairness and the Human Rights Code

Natural Justice

Natural Justice





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Last modified: 04-06-24
By: admin