What is the test for procedural fairness?
British Columbia, Canada
The following excerpt is from J.P. v. British Columbia (Children and Family Development), 2017 BCCA 308 (CanLII):
Procedural fairness “is a foundational principle of our legal system that justice can only be achieved if the procedure leading to a decision is fair”: Moradkhan v. Mofidi, 2013 BCCA 132 at para. 81. In my assessment, justice was not achieved or seen to be achieved for all of the parties and the non-parties against whom serious findings were made in this litigation.
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