Can procedural fairness and natural justice be used to challenge a decision of the Trustees?
British Columbia, Canada
The following excerpt is from Camosun College Faculty Assoc. et al v. College Pension Board, 2004 BCSC 941 (CanLII):
At the hearing of the petition counsel for the respondents will argue that administrative law concepts such as procedural fairness and natural justice cannot be used to challenge a decision of the Trustees. Rather, in the review of a trustee’s decision, the court must consider the fiduciary obligations owed by the trustee to all of the beneficiaries and determine whether the trustee has acted in good faith, honestly, reasonably and in keeping with those fiduciary obligations. In making those submissions counsel will rely on Yates v. Air Canada (2004), 5 E.T.R. (3d) 281, 2004 BCSC 3, paragraphs 100 and 101.
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