Can a common law duty of fairness be found to be applicable in the absence of a statutory regime?

The common law duty of fairness can be found to be applicable in the absence of any statutory regime. As I understand the appellants position, they acknowledge that the application of the natural justice principle of the right to be heard does not in all cases require that a formal hearing be convened and that is not what is being suggested or sought; but, at the very minimum the requirement of "audi alteram partem" requires that they would have the right of response to any material such as expert opinions relevant to the decision making process. Indeed, this is what is afforded them by regulation provision s. 7 (2) Approvals Procedure Regulations (APR). Determination of the extent and limits of the duty of procedural fairness requires a consideration of what that duty may reasonably require of an authority in the way of specific procedural rights, in a particular legislation and administrative context and what should be considered to be a breach of fairness in particular circumstances. (Potter v. Halifax Regional School Board, supra at para. 54.)