Simon's Megalomaniacal Legal Resources

Procedural Fairness

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COMMENT

'Procedural fairness' (aka 'fairness') is, since 1978, a common-law administrative ground of judicial review and administrative statutory appeals. It's originally a growth of 'natural justice', but now has established itself as a larger, independent - and growing inexorably - legal doctrine.

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CASES

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INTRODUCTION

Introduction to Fairness

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GENERAL

General
Fairness - General

Practice Issues
Fairness - Prompt Objection Required
Fairness - Browne v Dunn
Fairness - Is Prejudice Required?

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FAIRNESS CHARACTERIZED

Fairness is a Procedural Doctrine
Fairness is Procedural, Not Substantive

Fairness - More than an Administrative Issue?
Fairness - Is It Only an Administrative Law Issue?
Fairness and the Common Law
Fairness - Reasons
Fairness - Standing
Fairness - Abuse of Process [/LINK 'abuse of process']
Fairness - In Contract?
Fairness - Political
Fairness - Civil Litigation
Fairness - Insolvency
Fairness - Criminal

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PROCRUSTES ISSUES [What does this mean?]

Fairness - Limiting Witnesses
Fairness - Limiting Evidence
Fairness - Limiting Submissions
Fairness - Limiting Pleadings

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SPECIFIC PROCEDURAL ISSUES

General Procedural Issues
Fairness - When Oral Hearing Necessary
Fairness - Merger/Separate Hearings
Fairness - Interruptions [tie to /bias/interruptions?]
Fairness - Late Submissions
Fairness - Participation
Fairness - Non-Participation
Fairness - Intentional Tribunal Delay
Fairness - Disability
Fairness - Failure to Consider Argued Issue
Fairness - 'Open Courts'
Fairness - Issue Raised by Tribunal
Fairness - Unargued Grounds
Fairness - Language
Fairness - Basic Communication
Fairness - Summary Refusal of Motion
Fairness - Duty of Tribunal to Provide Legal Advice?

Evidence-Related
Fairness - Disclosure
Fairness - Cross-Examination
Fairness - Multi-party Evidence
Fairness - Where Summons Disobeyed

Notice
Fairness - Notice
Fairness - Is Prior Notice of Intended Ruling Required?
Fairness - Is Prior Notice of Intended Remedy Required?
Fairness - Notice of Allegations

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BAKER FACTORS

Fairness - Baker - Basics (+)
Fairness - Baker - Importance of Decision
Fairness - Baker - Legitimate Expectations
Fairness - Baker - Statutory Scheme
Fairness - Baker - Nature and Process of Decision
Fairness - Baker - Choice of Procedure

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REVIEWS (Appeals, Judicial Review and Related)

Fairness - Standard of Review (SOR) (+)
Fairness - Fresh Law
Fairness - Fresh Remedies
Fairness - Re-Opening

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OTHER

By Specific Proceedings
Fairness - Arbitration
Fairness - Legislative/Regulatory Proceedings
Fairness - Investigations
Fairness - Municipalities
Fairness - 'High-Volume Tribunals'

Remedies
Fairness - Remedies
Fairness - Repair by Subsequent Procedures

Statutory Amendments to Fairness Doctrine
Fairness - Statutory Amendments to Fairness Doctrine

Jurisdictional Limits
Fairness - Jurisdictional Limits
Fairness - Tribunal Independence

Charter and the HRC
Fairness - Human Rights Code

Natural Justice
Natural Justice

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