Is a breach of the duty of procedural fairness reviewed on a reasonableness standard?
Manitoba, Canada
The following excerpt is from Paterson et al. v. Walker et al., 2021 MBQB 172 (CanLII):
The parties also agree that a breach of the duty of procedural fairness is not reviewed on a reasonableness standard. The parties agree, as do I, that a breach of the duty of procedural fairness is an error of law which is assessed by application of the principles outlined in Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 S.C.R. 817 (S.C.C.) (QL).
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