What is the current state of the law in Canada on procedural fairness?

Saskatchewan, Canada


The following excerpt is from Re Bilson and U. of Sask, 1984 CanLII 3097 (SK CA):

The requirement of procedural fairness first introduced in Canada in Nicholson is now firmly established in the law of Canada. Laskin C.J.C. in Nicholson stated at p. 680: I accept, therefore, for present purposes and as a common law principle what Megarry, J., accepted in Bates v. Lord Hailsham of St. Marylebone, [1972] 1 W.L.R. 1373 at p. 1378, "that in the sphere of the so-called quasi-judicial the rules of natural justice run, and that in the administrative or executive field there is a general duty of fairness".

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