Is there a common law duty of procedural fairness lying on every public authority that makes an administrative decision?
British Columbia, Canada
The following excerpt is from International Forest Products Limited v. Her Majesty the Queen in Right of the Province of British Columbia, 2006 BCSC 233 (CanLII):
There is a common law duty of procedural fairness lying on every public authority that makes an administrative decision that affects a party’s rights, privileges or interests and which is not of a legislative nature: See Cardinal v. Kent Institution, 1985 CanLII 23 (SCC), [1985] 2 S.C.R. 643 at 653 and 660-61, 24 D.L.R. (4th) 44, 69 B.C.L.R. 255.
"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
Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive? (British Columbia, Canada)
Does the Attorney General have any authority or authority to issue a regulation which abrogates common law rights to justice and fairness? (British Columbia, Canada)
Is a prison authority authorized to make decisions? (British Columbia, Canada)
Does a decision of a master have authority to make decisions of the master? (British Columbia, Canada)
What are the procedural fairness requirements for a decision to suspend an officer with pay pending an administrative investigation? (British Columbia, Canada)
Can a decision made on grounds of public policy be characterized as a ministerial decision? (British Columbia, Canada)
In assessing the credibility of an author, is the author’s credibility of the author? (British Columbia, Canada)
Does the duty of fairness apply to an administrative decision that affects the rights, privileges or interests of an individual? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
