What is the test for procedural fairness in a motion against the Minister of Justice?
Ontario, Canada
The following excerpt is from Cotton Inc. v Labourer’s International Union of North America, Local 837, 2016 ONSC 3524 (CanLII):
An issue of procedural fairness does not engage a standard of review analysis. Instead, the court must determine whether the requisite level of procedural fairness has been accorded, taking into account the factors in Baker v. Canada (Minister of Citizenship and Immigration).[11] These criteria include the following: a) the context of each case; b) the nature of the statutory scheme in which the decision arises; c) the importance of the decision to the individuals affected; d) the legitimate expectations of the party challenging the decision; and e) the duty of fairness.
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