The issue was within
the jurisdiction of an administrative tribunal.
Not exact matches
decided in a copyright case that one had to look at a real and substantial connection between the defendants and the
jurisdiction of the court — or
administrative tribunal — but not at where the server happened to be.
The Court decided that (a) the process
of surcharging by
administrative bodies engaged the criminal part
of Article 6 and (b) the Austrian courts hearing appeals against the surcharges did not have the
jurisdiction to carry out a «full review»
of the decision to surcharge; only that way could one turn the combination
of administrative decision and court decision into a decision by a «
tribunal» complying with Article 6.
Enbridge Gas New Brunswick Limited Partnership et al. v. New Brunswick (Attorney General) 2013 NBCA 34
Administrative Law —
Jurisdiction of particular boards and
tribunals — Energy and utility boards
It held that, with rare exceptions,
administrative tribunals with the authority to decide questions
of law, are courts
of competent
jurisdiction within the meaning
of s. 24 (1)
of the Charter and can grant Charter remedies in in the course
of carrying out their statutory mandates.
Supreme Court
of Canada confirms that
administrative tribunals with the authority to decide questions
of law are courts
of competent
jurisdiction under s. 24
of the Charter.
The Supreme Court
of Canada has confirmed that
administrative tribunals with the authority to decide questions
of law are courts
of competent
jurisdiction under s. 24
of the Canadian Charter
of Rights and Freedoms.
To the extent that a court rule or other law
of this
jurisdiction requires a lawyer who is not admitted to practice in this
jurisdiction to obtain admission pro hac vice before appearing before a
tribunal or
administrative agency, this Rule requires the lawyer to obtain that authority.
[9] Lawyers not admitted to practice generally in a
jurisdiction may be authorized by law or order
of a
tribunal or an
administrative agency to appear before the
tribunal or agency.
Therefore, the principles
of statutory interpretation are critical when determining the
jurisdiction of an
administrative body or
tribunal.
More specifically, they are seeking declarations that Québec could not, consistently with section 96
of the Constitution Act, 1867, grant its provincial court exclusive
jurisdiction to hear cases where the amount at issue is more than $ 10 000 or any powers
of judicial review over provincial
administrative tribunals, because these powers are reserved for federally - appointed judges.
They do not, in other words, interfere with these courts»
jurisdiction as it had been understood in the s. 96 jurisprudence, which has always been concerned with the removal
of types
of cases (e.g. judicial review
of administrative tribunals) from the superior courts» purview.