We also represent employers before all levels of courts in wrongful dismissal actions, occupational health and safety matters, judicial reviews of decisions
made by administrative tribunals and to obtain injunctive relief.
Not exact matches
The executive
makes laws (
by promulgating regulations and XOs etc.) and decides disputes (in
administrative tribunals etc..)
A constitutional challenge to the application of FIPPA to
administrative tribunals was recently
made by the Toronto Star, who claimed in Toronto Star v. AG Ontario to have some difficulty obtaining a schedule of hearings in advance, or reviewing Adjudicative Records following the conclusion of the hearing.
In order to protect courts of law and
administrative tribunals, a principle of deliberative secrecy applies to shield those decision - makers from having to
make transparent or provide information in regards to the intellectual or other process
by which they may have arrived at their decision except as may stand on the record within their reasons for judgment or opinion.
(c) CIRA's compliance with any order, ruling, decision, corrigendum, or judgment
made by a Panel in a Proceeding or
by any court,
tribunal, board,
administrative body, commission or arbitrator; or
The theory is that a court should not interfere unnecessarily with matters that have been delegated
by the legislature to a more flexible
administrative process, heard before an expert
tribunal, in a speedier and less expensive decision -
making process.
As Unjust
by Design documents, however, once the existence of the system is appreciated, we can see that it suffers from debilitating deficiencies that threaten to delegitimize the decisions
made by many
administrative tribunals.
You may be able to appeal to the Upper Tribunal (
Administrative Appeals Chamber) if you think there was a legal mistake with a decision
made against you
by certain lower
tribunals and organisations.
Thus, in the final rule we provide that a covered entity may disclose protected health information in response to a subpoena, discovery request or other lawful process that is not accompanied
by a court order if it receives satisfactory assurance from the party seeking the request that the requesting party has
made a good faith attempt to provide written notice to the individual that includes sufficient information about the litigation or proceeding to permit the individual to raise an objection to the court or
administrative tribunal and that the time for the individual to raise objections has elapsed (and that none were filed or all have been resolved).
In meeting the first test, a covered entity is considered to have received satisfactory assurances from the party seeking the information if that party demonstrates that it has
made a good faith effort (such as
by sending a notice to the individual's last known address) to provide written notice to the individual whose information is the subject of the request, that the written notice included sufficient information about the proceeding to permit the individual to raise an objection, and that the time for the individual to raise objections to the court or
administrative tribunal has elapsed and no objections were filed or any objections filed
by the individual have been resolved.
In § 164.512 (e) of the final rule, we permit covered entities to disclose protected health information in a judicial or
administrative proceeding if the request for such protected health information is
made through or pursuant to an order from a court or
administrative tribunal or in response to a subpoena or discovery request from, or other lawful process
by a party to the proceeding.
Where a disclosure
made pursuant to this paragraph is required
by law, such as in the case of an order from a court or
administrative tribunal, the minimum necessary requirements in § 164.514 (d) do not apply to disclosures
made under this paragraph.
While the Supreme Court has
made it clear that all fees paid between 2013 and now will be refunded
by the Lord Chancellor's Department, Donna has said there are already concerns regarding the significant
administrative burden this will place on the
tribunal system, which is already struggling due to closures.
The other clear distinction, both with the TWU teachers case and the dangers you cite with other
administrative tribunals, is that this is an
administrative law decision
made by the legal community itself.