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Appeal-Judicial Review - Fairness - Is It Only An Administrative Law Issue?

. Terra Scapes Landscape Construction Inc. v. Ashtaryeh

In Terra Scapes Landscape Construction Inc. v. Ashtaryeh (Div Court, 2022) the Divisional Court granted an appeal in Small Claims Court grounded on procedural fairness - there was no mention that 'fairness' was an administrative law principle.

. AE Hospitality Ltd. v. Canada (National Revenue)

In AE Hospitality Ltd. v. Canada (National Revenue) (Fed CA, 2020) the Federal Court of Appeal considered whether new case law introduced by the court itself, though on an already-argued issue, was a breach of 'procedural fairness'. What's interesting is that fairness was raised at the Tax Court level:
[17] Lastly, AE submits that the Tax Court denied it procedural fairness by relying on case law that was not submitted by the parties and without providing it an opportunity to make submissions. A breach of procedural fairness might arise where a judge’s reliance on additional authorities "“introduce[s] a principle of law that was not raised by either party expressly or by necessary implication, or [takes] the case on a substantially new and different analytical path”" (Heron Bay Investments Ltd. v. Canada, 2010 FCA 203, 405 N.R. 73 at para. 24). We do not agree that there was a breach of procedural fairness in this case.


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