What is the duty of fairness for application cases?

Alberta, Canada


The following excerpt is from Northeast Bottle Depot Ltd. v. Alberta (Beverage Container Management Board), 2000 ABQB 572 (CanLII):

When determining the appropriate content of the duty of fairness for application cases, the case of McInnes v. Onslow-Fane, [1978] 1 W.L.R. 1520 (Ch.Div) at 1529 provides some guidelines: First, there are what may be called forfeiture cases. In these, there is a decision which takes away some existing right or position, as where a member of an organization is expelled or a licence is revoked. Second, at the other extreme there are what may be called the application cases. These are cases where the decision merely refused to grant the applicant the right or position that he seeks, such as membership of an organization, or a licence to do certain acts. Third, there is an intermediate category, which may be called expectation cases, which differ from the application cases only in that the applicant has some legitimate expectation from what has already happened that his application will be granted. This head includes cases where an existing license-holder applies for a renewal of his licence, or a person already elected or appointed to some position seeks confirmation from some confirming authority. [Citations omitted]

Other Questions


What is the case law on case-by-case privilege? (Alberta, Canada)
Is there any case law supporting the argument that a committee of ethics officers was bound by a duty of fairness in its dealings with the applicant? (Alberta, Canada)
What is procedural fairness for a plaintiff in a medical malpractice case? (Alberta, Canada)
What is the test for an application to appeal against a finding that an application is frivolous? (Alberta, Canada)
What is the case law on interposition in cases where interposition was sought? (Alberta, Canada)
What is the relevant case law in relation to an application for a licence to be granted under ABQB 47? (Alberta, Canada)
What is the case law in the United States when it comes to the case of a lay-man who is not qualified to stand trial? (Alberta, Canada)
What is the relevant case law in relation to the application for damages from a deceased who killed himself? (Alberta, Canada)
Is there any case law or case law in which a defence counsel has been found to have made out deficiencies in the credibility assessment? (Alberta, Canada)
What is the case law that will determine the outcome of this application? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.