Is there a duty of fairness in the making of the decision to ban smoking at Oak Ridge?
Ontario, Canada
The following excerpt is from Vaughn v. Ontario, 2003 CanLII 42347 (ON SC):
In the event that the appellant was owed a duty of fairness in the making of the decision to ban smoking at Oak Ridge, I believe this duty was satisfied. As L’Heureux-Dubé wrote in Knight v. Indian Head School Division No. 19 1990 CanLII 138 (SCC), [1990] 1 S.C.R. 653, at p. 682, "the concept of procedural fairness is eminently variable and its content is to be decided in the specific context of each case". Given the nature of the decision to prohibit smoking, I believe that the appellant had sufficient opportunity to be heard.
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