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Fairness - 'Test'

. Pacific Coast Terminals Co. Ltd. v. Vancouver Fraser Port Authority

In Pacific Coast Terminals Co. Ltd. v. Vancouver Fraser Port Authority (Fed CA, 2026) the Federal Court of Appeal considered "issues pertaining to the content of the record in judicial review", particularly "the demarcation between the obligation of a tribunal to transmit a certified tribunal record (certified record) under rule 317 of the Federal Courts Rules, SOR/98-106 [Rules], and the evidence that the applicant and respondent put before a court under rules 306 and 307".

Here the court advances what I can only characterize as a nascent step-by-step 'test' for procedural fairness, unlike Baker which sets out flexible, non-exhaustive 'factors' to be assessed:
[109] To successfully make out a breach of procedural fairness, the Terminals must prove that a duty of procedural fairness was owed, establish the scope of that duty, and establish that the Port failed to meet that duty. ....

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Last modified: 23-09-26
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