Is a procedural issue reviewable without deference?
British Columbia, Canada
The following excerpt is from Bajwa v. British Columbia Veterinary Medical Association, 2010 BCSC 848 (CanLII):
There is ample authority for the proposition that issues of procedural fairness are reviewable without deference. For example, in Sketchley v. Canada (Attorney General), 2005 FCA 404, Mr. Justice Linden described the distinction between the standard of review on substantive issues and judicial review of procedural fairness as follows:
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