Sentences with phrase «jurisdictional defects»

WCAT has been exercising a reconsideration power to review for jurisdictional defects for approximately 10 years, during which time it has adjudicated about 700 applications, and has allowed over 100 of them.

Counsel for WCAT argued that patent unreasonableness is a type of jurisdictional defect and thus within its jurisdiction to reconsider.

WCAT wrongly equated the common law power to reopen an appeal to cure a jurisdictional defect with the power of a court on judicial review.

She also considered whether «jurisdictional defect» includes not only true questions of jurisdiction but also excesses of jurisdiction such as errors of fact, law, or discretion offending the applicable standard of review.

~ It is in error for an administrative tribunal to interpret its power to reopen an appeal to cure a jurisdictional defect as extending to include a review to determine whether its own decision was patently unreasonable.

In the dissenting judges» view, patent unreasonableness as preserved in the ATA constitutes an error of jurisdiction, and is thus a jurisdictional defect for the purposes of s. 53 of the ATA.

Newbury JA accepted WCAT's submission and commented that the phrase «jurisdictional defect» in the ATA predates Dunsmuir and should not be interpreted in light of it.

WCAT interpreted the common law power to reopen an appeal to cure a jurisdictional defect as «authority to set aside one of its decisions», and considered the standard of review set out in s. 58 of the Administrative Tribunals Act (ATA) applicable.

Not exact matches

Advising an agricultural client on a dispute relating to significant defects in the design and construction of plant and machinery, dealing with complex cross-border and jurisdictional issues.