Staying out of the Wilderness of Single Instances: Some Thoughts on Context and Procedural Fairness

At the centre of R. (L.) v. West London Mental Health NHS Trust, [2014] EWCA Civ 47 was a man with significant mental health challenges. In a learned judgment, Beatson L.J. analyzed the requirements of the common law of procedural fairness and made some interesting observations about the challenges the common law poses for reviewing courts.

Immigration: Justiciability and Procedural Fairness

An organization entered into an agreement with the Minister for Citizenship and Immigration to sponsor immigrants to Canada. Initially, the agreement provided that the Minister would cover all health care costs. Subsequently, the federal cabinet (of which the Minister is a member) issued an order which had the effect of requiring the organization to defray certain medical expenses. The organization claimed that this would cost about $400 per immigrant (of which they had sponsored about 1,000) per year. In Hospitality House Refugee Ministry Inc. v. Canada (Attorney General), 2013 FC 543, an application for judicial review was dismissed.