ADMJ 103 Lecture Notes - Lecture 8: Case Citation, Legitimate Expectation, Natural Justice
Document Summary
Review of where we are at & introduction to the concept of triggers. Something has happened and he will be entitled to something. Person in a certain situation will be entitled to something. A person builds a house without giving notice to municipality. He comes back home and his house is knocked down. The court says that it is irrelevant what cooper did, but he had the legitimate expectation to get notice that his house will be knocked down. Common law developments review and preview. Police officer was on probation and if you get fired while you are probation, you are entitled to notice, fair hearing, etc. But nicholson, did not get all of this. Court said that legitimate expectation exists for police officer. Jurisprudential test known as the baker synthesis 5 consideration. Whether, a person in certain circumstances, has right to procedural fairness, when the enabling legislation does not provide any protection.
