Does the fact that a decision is administrative and affects the rights, privileges or interests of an individual trigger the duty of fairness?
Nova Scotia, Canada
The following excerpt is from Ingham v. District of West Hants (Municipality), 20050321, 2005 NSSC 115 (CanLII):
Justice L’Heureux-Dubé also stated in para. 20 that the fact that a decision is administrative and affects “the rights, privileges or interests of an individual” is sufficient to trigger the application of the duty of fairness Cardinal v. Kent Institution, 1985 CanLII 23 (SCC), [1985] 2 S.C.R. 643 (S.C.C.) at p. 653.
"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
Is there any difference between a written decision and written decision on interest and costs? (Nova Scotia, Canada)
Can a decision about extending time for a human rights complaint be reviewed for reasonableness? (Nova Scotia, Canada)
What is the test for supervision of an administrative structure where the purpose of supervision is to balance the interests of parties against one another? (Nova Scotia, Canada)
What is the impact of a recent decision in a family law case in which a husband has been ordered to pay his ex-wife’s life insurance in order to get a beneficial interest in his life insurance policy? (Nova Scotia, Canada)
What is solicitor-client privilege and what is the scope of the privilege? (Nova Scotia, Canada)
What is the test for determining whether privileged information is privileged? (Nova Scotia, Canada)
Does retaliation not have to be the only reason for an employer's decision to dismiss a human rights complaint? (Nova Scotia, Canada)
What is the reasonableness standard for making a decision at an administrative tribunal? (Nova Scotia, Canada)
What is the duty of fairness of the Court of Appeal in determining whether an individual has been denied entry to a refugee camp? (Nova Scotia, Canada)
What decisions have been made by the Human Rights Board of Inquiry on the issue of refusal of rental accommodations based on family status? (Nova Scotia, Canada)
