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Fairness - Civil Litigation

. Rebello v. Ontario (Community Safety and Correctional Services)

In Rebello v. Ontario (Community Safety and Correctional Services) (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal of an earlier dismissal "of her lawsuit alleging that the Ontario Provincial Police breached common law and statutory duties they owed to her by failing to meaningfully investigate complaints".

Here the court, while considering an appellant-raised 'procedural fairness' argument in a civil Charter and tort context, refers to the doctrine as one of 'natural justice':
[6] Third, the appellant contends that the motion judge denied her procedural fairness by ordering that the parties must attend the motion hearing in person and then by holding the hearing when she failed to attend. As held in Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817, at para. 21, the content of procedural fairness is to be decided in the specific context of each case. In the context of this case, we do not agree that the motion judge’s conduct of the proceeding resulted in any unfairness.

....

[14] We conclude that the motion judge exercised his discretion reasonably, and that the appellant’s allegation of a breach of natural justice has no merit.


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Last modified: 01-10-24
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