What is the standard of review for issues of procedural fairness?

Ontario, Canada


The following excerpt is from Quadrexx Hedge Capital Management Ltd. v. Ontario Securities Commission, 2020 ONSC 4392 (CanLII):

The standard of review for issues of procedural fairness is sometimes stated to be “correctness”.[16] It is also characterized as a review as to “whether the rules of procedural fairness or the duty of fairness have been adhered to.”[17] These formulations of the standard of review are generally taken to mean the same thing: there is discretion and flexibility respecting process before administrative tribunals, and so it cannot be said there is always a single “correct” view of the procedures to be followed. However, administrative discretion must be exercised in a way that is procedurally fair. In assessing procedural fairness in a particular case, the court uses the factors set out in Baker v. Canada (Minister of Citizenship and Immigration).[18]

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