Is a question of procedural fairness a true question of jurisdiction in the Dunsmuir sense?
Ontario, Canada
The following excerpt is from Volochay v. College of Massage Therapists of Ontario, 2012 ONCA 541 (CanLII):
Is a question of procedural fairness a true question of jurisdiction in the Dunsmuir sense? The strongest support for the application judge’s conclusion comes from the powerful dissenting reasons of Dickson J. in Harelkin v. University of Regina, 1979 CanLII 18 (SCC), [1979] 2 S.C.R. 561. There, he characterized a breach of the rules of natural justice as an error going to jurisdiction or closely “akin” to a jurisdictional error.
"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 is the standard of review applicable to questions of procedural fairness? (Ontario, Canada)
What is the correctness standard for questions of law and procedural fairness? (Ontario, Canada)
What is the distinction between questions of law, questions of fact and questions of mixed law and fact? (Ontario, Canada)
What is the standard of review for procedural fairness? (Ontario, Canada)
What is the test for procedural fairness in a motion against the Minister of Justice? (Ontario, Canada)
What is the constitutional jurisdiction of an employer that employs employees who would otherwise be subject to provincial jurisdiction? (Ontario, Canada)
What is the difference between questions of law and questions of mixed law and fact? (Ontario, Canada)
What is the standard of review of questions of law and questions of mixed fact and law? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
Is there a duty of procedural fairness on every public authority making an administrative decision which is not of a legislative nature? (Ontario, Canada)
