Does the doctrine of legitimate expectations extend to substantive rights?
Ontario, Canada
The following excerpt is from Layzell v. Ontario (Human Rights Commission), 2003 CanLII 23954 (ON SCDC):
The doctrine of legitimate expectations does not extend to substantive rights. See the case of Baker v. Canada, 1999 CanLII 699 (SCC), [1999] S.C.J. No. 39, para. 26. If however, the decision is regarded as a procedural one, the issue arises as to whether it actually created an unfairness when it was not carried through.
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