What are the factors used to determine whether a plaintiff has a duty of fairness or natural justice?
New Brunswick, Canada
The following excerpt is from PT v New Brunswick (Social Development), 2011 NBQB 318 (CanLII):
I intend to turn to the factors mentioned. Before doing so I need to reiterate that: … Both the rules of natural justice and the duty of fairness are variable standards. Their content will depend on the circumstances of the case, the statutory provision and the nature of the matter to be decided … (Knight v. Indian Head School Division No. 19, 1990 CanLII 138 (SCC), [1990] 1 S.C.R. 653 at p. 682)
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