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Rethinking The Doctrine Of Legitimate Expectations In Canadian Administrative Law, David Wright
Rethinking The Doctrine Of Legitimate Expectations In Canadian Administrative Law, David Wright
Osgoode Hall Law Journal
The author examines recent cases that have transplanted the doctrine of legitimate expectations from British into Canadian law. He concludes that the doctrine has been applied in a confused way in this country, without proper consideration of its "fit" with the Canadian duty of fairness. He argues that the place of the doctrine should be to determine what fairness requires when statements or actions of a decisionmaker have led to a legitimate expectation. The suggestion that it should be an exception to the rule that legislative decisions do not attract the duty of fairness is rejected in favour of a …