In short, deference requires respect for the legislative choices to leave some matters in
the hands of administrative decision makers, for the processes and determinations that draw on particular expertise and experiences, and for the different roles of the courts and administrative bodies within the Canadian constitutional system.
Not exact matches
• On December 2, 2009, the Judicial Officer
of the USDA agreed and
handed down its
Decision and Order to terminate Bauck's USDA license and disqualify her from becoming licensed under the USDA for two years, upholding the Administrative Law Judge's decision an
Decision and Order to terminate Bauck's USDA license and disqualify her from becoming licensed under the USDA for two years, upholding the
Administrative Law Judge's
decision an
decision and order.
These hurdles can provide traps for the unwary, but also provide opportunities for employers, plan sponsors and fiduciaries to keep the bulk
of the
decision - making in the
hands of professionals responsible for shepherding claims through the
administrative process.
The leading case
handed down over twenty years ago was Knight v. Indian Head School Division No. 19 (1990), where the Supreme Court
of Canada set out a three - pronged test: when a public body's
decision is
administrative and final in nature, is made under a statute or code, and affects the interests or rights
of the accused person, then the rules
of procedural fairness must be followed.
In a
decision handed down on August 9th 2017 (docket No. 38981C), the Higher
Administrative Court (Tribunal administratif) ruled on the tax treatment
of the reversal
of an impairment provision on financial assets.
In the case at
hand, the
Administrative Judge considered that the Union benefited from the application
of this presumption, and that Delastek failed to establish convincingly that the work reduction by which it sought to justify the position abolitions was real, and that, instead, the
decision was «clearly tainted by anti-union animus» (our translation).