What is the test for overturning a determination of a statutory delegate's failure to adopt a fair procedure?
British Columbia, Canada
The following excerpt is from Brouwer et al v HMTQ et al, 2000 BCSC 1743 (CanLII):
A determination of this nature is within the jurisdiction of this court upon judicial review. As then C.J.C. Dickson stated in Operation Dismantle v. Can., [1983] 1 F.C. 429, 39 C.P.C. 120, reversed 1983 CanLII 3008 (FCA), [1983] 1 F.C. 745, 3 D.L.R. (4th) 193, affirmed 1985 CanLII 74 (SCC), [1985] 1 S.C.R. 441, 18 D.L.R. (4th) 481: The obligation for a statutory delegate to adopt a fair procedure goes to the very terms of the power granted to him, and a breach of the duty to adopt a fair procedure renders the decision void and therefore capable of judicial review.
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