Sentences with phrase «adversarial judicial proceedings»

Not exact matches

«[T] he general understanding that parties to the original proceedings are automatically to be named as respondents when these proceedings are subject to judicial review was developed in the context of adversarial proceedings, in which the competing rights of two or more parties are adjudicated, and not necessarily where the proceedings, as here, are in the nature of an inquiry,» she wrote.

In this case, the Board could participate without compromising the principles of finality and impartiality (at paras. 60 - 62) and, although Rothstein J. sounded a «note of caution» about the Board's suggestion that even if it lost on judicial review it would reach the same result in fresh proceedings, he felt «the Board generally acted in such a way as to present helpful argument in an adversarial but respectful manner» (at para. 72).