Here is a sampling of some other decisions that also touch on the open courts principle in
the context of administrative tribunals:
Not exact matches
For example, if Law A says that courts may review all
administrative tribunal decisions on questions
of fact and law, and Law B says that in the
context of Tribunal X, a court may only review a decision on questions
of law, Law B will clearly prevail as the more specific statute.
The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard
of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the
administrative law
context a
tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules
of evidence, whereas issues # 1 and # 4 principally involve specific questions
of law and concurrent issues involving breaches
of natural justice or procedural fairness, I will apply a standard
of correctness.
Second, the
context which framed the court's discussion in Doré was analogous to the present case, namely, the determination by an
administrative tribunal about whether a person's conduct had violated the strictures
of a statutory rule.
Although Makin referred to immunity in the
context of legislative and policy - making functions, the Court
of Appeal used the case to conclude that «Protecting
administrative tribunals and their members from liability for damages is constitutionally legitimate» (at para 29).
In Canadian National Railways, and in the
context of disputed findings
of an
administrative tribunal, Canada's Supreme Court held:
Academics Colleen Flood and Jennifer Dolling, in
Administrative Law in Context, write that the primary reasons for the establishment of administrative trib
Administrative Law in
Context, write that the primary reasons for the establishment
of administrative trib
administrative tribunals include:
Circumstances will arise where the lawyer should have no contact with the media and other cases where the lawyer is under a specific duty to contact the media to properly serve the client — the latter situation will arise more often in the
context of administrative boards and
tribunals where a particular
tribunal is an instrument
of government policy and hence is susceptible to public opinion.