Does a duty of procedural fairness apply to a legislative function?

Nova Scotia, Canada


The following excerpt is from North End Community Health Association v. Halifax (Regional Municipality), 2012 NSSC 330 (CanLII):

Procedural fairness will not typically apply to a legislative function. However, where the legislating body has held out that a specific procedure will be followed, and interested parties have relied on that representation, a duty of procedural fairness may arise on the basis of legitimate expectations: Czerwinski v. Mulaner, 2007 ABQB 536, at paras. 26‑32.

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