What is the duty of procedural fairness owed to an administrative body?

Alberta, Canada


The following excerpt is from Slawsky v Edmonton (City), 2019 ABQB 77 (CanLII):

Procedural fairness ensures that administrative decisions are made using a fair, impartial, open, and transparent process that provides those affected by the decision an opportunity to know the case against them and to fully put forth their views and the evidence they wish the decision-making body to consider. The duty of fairness is flexible, variable, and contextual in nature, and accordingly, the level of procedural fairness owed will vary depending, in part, on purpose and intent of the applicable legislation and the process for decision making outlined in the legislation: Buryn v. Alberta (Minister of Municipal Affairs), 2017 ABQB 613, para 31.

Other Questions


What is procedural fairness for a plaintiff in a medical malpractice case? (Alberta, Canada)
What is the role of the Rules of Civil Procedure in the administration of civil justice in Canada? (Alberta, Canada)
Is an administrative tribunal bound by the rules of fairness and natural justice? (Alberta, Canada)
What is the test for assessing procedural fairness? (Alberta, Canada)
What is the relative expertise of an administrative body? (Alberta, Canada)
What is the standard of review of a decision of the administrative tribunal? (Alberta, Canada)
Does the Administrator have an obligation to contact the driver of a vehicle to establish the identity of the driver? (Alberta, Canada)
Is a trustee entitled to indemnity for all costs and expenses properly incurred in the due administration of a trust? (Alberta, Canada)
Is an orthopaedic surgeon required to inform a patient of a less serious alternative procedure which may not have the potential to treat scoliosis? (Alberta, Canada)
What is the duty of an architect to his client and to estimate costs fairly and reasonably? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.