Law Society of Ontario (LSO) Paralegal Practice Exam

Which factor is NOT relevant to determining the duty of fairness?

1. The importance of the decision

2. The nature of decision being made

3. The political affiliation of the decision maker

4. Legitimate expectations of affected individuals

The correct answer is: The political affiliation of the decision maker

The factor that does not pertain to the duty of fairness is the political affiliation of the decision maker. The duty of fairness is rooted in principles of natural justice and procedural fairness, which focus on ensuring that individuals have a fair opportunity to present their case and have their interests considered in decision-making processes. The importance of the decision, the nature of the decision being made, and the legitimate expectations of affected individuals are all critical elements in assessing fairness. For instance, a more significant decision typically demands a higher level of procedural fairness, while the type of decision can influence the extent and formality of the process required. Moreover, legitimate expectations refer to an individual's right to rely on a certain procedure or promise that might influence their interests, directly linking to how fairness should be administered. In contrast, the political affiliation of the decision maker does not inherently impact the fairness of the process or the decision itself. Fairness is fundamentally about the procedures followed and the rights of individuals involved rather than the personal or political identities of those making the decisions. Therefore, the political affiliation is not relevant to determining the duty of fairness.