Can a decision be reviewed for procedural fairness on a correctness standard?
British Columbia, Canada
The following excerpt is from Bamberger v Vancouver (Board of Parks and Recreation), 2022 BCSC 49 (CanLII):
Administrative decisions are reviewed for procedural fairness on a correctness standard: Mission Institution v. Khela, 2014 SCC 24 at para. 79. Failure to provide for appropriate procedural fairness in the decision-making process, where rights to procedural fairness exist, will result in the decision being set aside, whether or not it is substantively reasonable.
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