What factors are considered in determining whether or not a decision maker has a duty of fairness when making a decision that is procedurally unfair?
Saskatchewan, Canada
The following excerpt is from Boyd v Eacom Timber Corporation, 2012 SKQB 226 (CanLII):
The last factor to be considered is the choices of procedure made by the agency itself. Agencies are given latitude in setting their own procedure and as long as the procedure adopted treats those who come before it fairly, courts will not intervene. (Baker v. Canada (Minister of Employment and Immigration)), supra. It is noted that efficient processing is not procedurally unfair in and of itself. There is a public interest in containing administrative costs. Considerable weight given to the choices of procedure made by the agency, particularly where the statute allows the decision maker to set its own procedures as is the case here, thus, provides for a lower duty of fairness.
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