What is the common law test for procedural unfairness?
Alberta, Canada
The following excerpt is from Green v. Alberta Teachers' Association, 2016 ABCA 237 (CanLII):
We would parenthetically add that the common law test for procedural unfairness is arguably met on this record. Baker v. Canada, 1999 CanLII 699 (SCC), [1999] 2 SCR 817 sets out several non-exhaustive factors that include the nature of the decision and process followed; the nature of the statutory scheme; the importance of the decision to the affected individual; and the legitimate expectations of the individual regarding procedure or outcome.
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