What is the standard of review for common law rules of natural justice?
British Columbia, Canada
The following excerpt is from PHS Community Services Society v Swait, 2018 BCSC 824 (CanLII):
The standard of review with regard to the common law rules of natural justice is “whether, in all the circumstances, the tribunal acted fairly”: s. 58(2)(b) of the ATA. The guiding principles are set out in Baker v. Canada (Minister of citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 S.C.R. 817 where the court noted that “procedural fairness is eminently variable and its content is to be decided in the specific context of each case” (para. 21). The goal is to ensure that “administrative decisions are made using a fair and open procedure, appropriate to the decision being made and its statutory, institutional, and social context, with an opportunity for those affected by the decision to put forward their views and evidence fully and have them considered by the decision-maker” (para. 22).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
Is Rule 37B of the BC's Rules 37B common law common law applicable to a plaintiff in a personal injury case? (British Columbia, Canada)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the standard of review analysis on a judicial review application? (British Columbia, Canada)
