Does Cole J. have the duty of fairness to deny a declaration of invalidity?
British Columbia, Canada
The following excerpt is from Turnagain Holdings Ltd. v. British Columbia (Environmental Appeal Board), 2002 BCCA 564 (CanLII):
It behoves a person challenging the validity of an administrative decision to seek judicial review promptly. Thus, notwithstanding his finding that the duty of fairness was breached, Cole J. properly denied a declaration of invalidity, as did the chambers judge in Klahoose First Nation v. British Columbia, supra.
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