Law Society of Ontario (LSO) Paralegal Practice Exam

What is NOT a factor affecting the duty of fairness?

1. Nature of the statutory scheme

2. The reasons for the decision

3. Choice of procedures by the agency

4. The time frame allowed for reaching the decision

The correct answer is: The time frame allowed for reaching the decision

The duty of fairness, as it pertains to administrative decision-making, is influenced by several factors that determine how decisions are made and the extent to which individuals are afforded fair processes. Among these, the time frame allowed for reaching a decision is generally not considered a fundamental factor impacting the duty of fairness. Instead, the focus tends to be on aspects such as the nature of the statutory scheme, which outlines the legal framework and purpose of the decisions being made, the reasons for the decision, which relate to transparency and accountability, and the choice of procedures by the agency, which encompasses how decisions are implemented and communicated. The nature of the statutory scheme influences the degree of procedural fairness expected, as some regulatory frameworks may call for more stringent fairness obligations than others. The reasons for the decision are critical in establishing whether fairness was upheld, as they provide insight into the rationale and help ensure decisions are justified. Similarly, the choice of procedures affects whether individuals feel they had the opportunity to present their case and whether their rights are respected. In contrast, while the time frame may affect practical aspects of decision-making, it does not directly influence the duty of fairness in the same way as these foundational factors. This makes it the correct choice as the factor that is not typically considered as