What is the standard of review for procedural fairness?

Ontario, Canada


The following excerpt is from Rogers Communications Partnership v Ontario Energy Board, 2016 ONSC 7810 (CanLII):

Thus, although the standard of review for procedural fairness is correctness, in determining the scope of procedural fairness for a particular procedural decision by a tribunal, there is a degree of deference. Evans J.A. in Re: Sound v. Fitness Industry Council of Canada,[6] described it this way (at para. 42): In short, whether an agency’s procedural arrangements, general or specific, comply with the duty of fairness is for a reviewing court to decide on the correctness standard, but in making that determination it must be respectful of the agency’s choices. It is thus appropriate for a reviewing court to give weight to the manner in which an agency has sought to balance maximum participation on the one hand, and efficient and effective decision-making on the other. In recognition of the agency’s expertise, a degree of deference to an administrator’s procedural choice may be particularly important when the procedural model of the agency under review differs significantly from the judicial model with which courts are most familiar. Application to this Case

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