duty of fairness | Page 2
Privatization’s Progeny: Canadian Offspring?
Term has happily come to an end up in now-icy Montréal, so I am catching up on all of the reading I missed in the last few hectic weeks. One paper I read some time ago but neglected to blog about is Privatization’s Progeny by Jon Michaels. A half-thought that occurred to me at the […] Read more
Jurisdictional Error, Procedural Fairness and Advocacy by Tribunals
There is much to say about Samatar c. Canada (Procureur général), 2012 CF 1263, a case involving an apparent jurisdictional error, a flagrant breach of procedural fairness, and over-zealous advocacy on the part of an arm of the state.Martineau J. did not mince his words. In justifying the award of solicitor-and-client costs to the applicants, […] Read more
Self-Represented Litigants and Administrative Tribunals
We know that administrative tribunals have plenty of scope to design their own procedures, which need not resemble those of a regular court. But there are limits, as the Québec Court of Appeal recently explained in a case involving a real estate agent who represented himself — unsuccessfully — at a disciplinary hearing.In Ménard c. […] Read more
Duties of Fairness in the Disposal of Municipal Buildings
At first blush, the result in North End Community Health Association v. Halifax (Regional Municipality), 2012 NSSC 330 is striking. A municipality’s decision to sell an old school to a property developer was held to be unlawful because it breached a duty of fairness to local non-profit organizations and because it was sold at less […] Read more
Towards a Right to Respond in Immigration Law?
You know when academics say, “Some of my best ideas come from students”? Sometimes, we mean it.A student I had a couple of years ago came to talk to me about procedural fairness in administrative law. “Why don’t you focus more on the right to respond? We talk about hearings, the right to counsel, and […] Read more
A Bad Day for NAMA
Ireland’s National Asset Management Agency won a High Court legal battle against Treasury Holdings earlier this week, but it may end up losing the war. Finlay Geoghegan J.’s judgment,  IEHC 297, cannot have been well received at NAMA headquarters. Over at NAMA Wine Lake, the editors wonder out loud “if indeed the Agency is […] Read more