What is the standard of review analysis in a case of procedural unfairness?

Nova Scotia, Canada


The following excerpt is from ExxonMobil Canada Ltd. v. Carpenter, 2011 NSSC 445 (CanLII):

The standard of review analysis has no place in a case of procedural unfairness: Baker v. Labour Standards Tribunal, 2010 NSCA 43. On this ground alone, the decision to extend time should be set aside unless a case can be made for the exercise of discretion on the ground that setting aside the decision causes an injustice. The reasoning in the next sections shows that this is not a case for exercising the overriding discretion. Standard for Reviewing the "Exceptional Circumstances" Question

Other Questions


What is the standard of review analysis for police pension plans? (Nova Scotia, Canada)
Does the Dunsmuir analysis change the standard of review? (Nova Scotia, Canada)
What is the standard of review for a review of a decision made pursuant to the Environment Act? (Nova Scotia, Canada)
What is the test for substantial contribution under section 498 of the Canadian Standards of Civil Procedure and Procedure Act? (Nova Scotia, Canada)
What is the standard of review for an allegation of breach of natural justice or procedural fairness? (Nova Scotia, Canada)
What is the standard of review required by the Court of Appeal? (Nova Scotia, Canada)
What is the standard of review in the context of a worker’s compensation appeal? (Nova Scotia, Canada)
What is the standard of review of an issue of jurisdiction? (Nova Scotia, Canada)
What is the standard of review for statutory interpretation? (Nova Scotia, Canada)
What is the standard of review of a decision of a statutory tribunal? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.