The principle of procedural fairness governs all aspects of
tribunal hearings.
From the outset of the proceeding, an applicant is entitled to
notice of the case to be met, the right to be heard, reasons for
decision, the legitimate expectation that a certain procedure will
be followed, and an unbiased tribunal – among other
requirements.
Canadian Courts approach challenges to administrative fairness,
usually by way of an application for judicial review, in context:
what is fair in one hearing may not be in another.
A recent decision of the Ontario Divisional Court, Fox North
Bay Inc. v. Ontario (Alcohol and Gaming Commission,
Registrar), 2022 ONSC 5898 ("Fox North
Bay") serves as a good reminder of the basic principles
guiding the scope and content of the duty of fairness, also known
as "natural justice".
