We represent our clients in and out of the court room and in
front of administrative tribunals that have jurisdiction over human rights complaints, harassment in the workplace and workplace and safety issues.
As noted by former BC Attorney General Geoff Plant at a BC
Council of Administrative Tribunals conference many years ago, it was no surprise that long and expensive legal proceedings (both in the courts and at administrative tribunals) and the cost of legal advice had resulted in the emergence of private on - line legal services that offered alternative means of settling disputes.
The Divisional Court, a branch of the Superior Court of Justice, is the principal forum for judicial review of government action and also hears statutory and some civil appeals from a broad
range of administrative tribunals in Ontario.
Farris litigators have argued cases before a wide variety
of administrative tribunals including the British Columbia Securities Commission, the British Columbia Utilities Commission, the Labour Relations Board, the Workers Compensation Board, the Property Assessment Appeal Board, the Information and Privacy Commissioner, and the British Columbia Human Rights Tribunal.
Such active and even aggressive participation can have no other effect than to discredit the
impartiality of an administrative tribunal either in the case where the matter is referred back to it, or in future proceedings involving similar interests and issues or the same parties.
In these two judgements the Supreme Court of Canada has undoubtedly clarified a number of important points that were outstanding, particularly with respect to the interpretation of the trigger to consult as articulated in Haida Nation v British Columbia (Minister of Forests), 2004 SCC 73 (CanLII), and Rio Tinto Alcan Inc. v Carrier Sekani Tribal Council, 2010 SCC 43 (CanLII), and the application of the duty to consult in the
context of administrative tribunals as articulated in Rio Tinto.
The bias was obvious to me, but it was some time before I found what I recognized as extraordinarily incriminating evidence: a speech that the author of the BCCA judgment had given some years earlier to the BC Council
of Administrative Tribunals at a function that I reasonably assume was attended by some, if not all, of the Vice Chairs of the tribunal I had successfully challenged in the lower court.
Dinowitz said he is not
aware of the administrative tribunal process state party leaders reportedly hope he and his fellow Bronx Democrats will use to boot Espada ever before being employed in this manner.
John is a recipient of the Mundell Medal for excellence in legal writing, and the Medal of the Canadian Council
of Administrative Tribunals for contributions to administrative justice in Canada.
Sue Rice, NSRLP Project Manager & Research Coordinator, was recently in Regina, Saskatchewan addressing the Ministry of Justice — Justice Innovation Division, and presenting the opening plenary for SATA (Saskatchewan Administrative Tribunals Association) the provincial
organization of administrative tribunal members and others involved in administrative justice.
The consent or approval referred to in subsection (2)(a)(i)(A), except a general approval, shall be made in the record of the case and shall be brought to the attention of the judge of the court or the presiding
officer of the administrative tribunal.
Nevertheless, courts everywhere seem reluctant to relinquish their residual authority, whether it is over arbitration or any
kind of administrative tribunal.
The concern here was not so much for privacy; rather it was for the great
diversity of administrative tribunals, many of which are under - resourced and under - staffed, and who might find themselves «overwhelmed in a suddenly FIPPA - free procedural environment» (at para 103).
A recent decision of the Federal Court of Appeal («FCA») has muddied the waters regarding the
role of the administrative tribunals in Crown - Aboriginal consultation and effectively diminished the duty of tribunals to assess the adequacy of Crown consultation in respect of project applications before them.
Our Government Contracts lawyers have represented clients in proceedings before the federal courts, including the Court of Federal Claims; a broad
array of administrative tribunals, including the GAO and ASBCA; federal agencies such as the DOD, EPA, DOE, GSA, DOT and CFIUS; state courts; and state, regional and local agencies such as California's Coastal, Energy and Public Utilities Commissions, to name only a few.
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.
He has been retained as counsel at a
host of administrative tribunals, including the Canada International Trade Tribunal and the Financial Services Commission of Ontario.
She has appeared before the British Columbia Supreme Court, the British Columbia Court of Appeal and the Supreme Court of Canada, as well as before a
number of administrative tribunals, including the British Columbia Securities Commission and the Investment Industry Regulatory Organization of Canada.
The court confirmed that s. 58
of the Administrative Tribunals Act applied to the HPRB, such that a court would not interfere with findings of fact or law, or an exercise of discretion by the HPRB, unless patently unreasonable, e.g., where discretion is exercised arbitrarily or in bad faith, for an improper purpose, based on entirely or predominantly irrelevant factors, or fails to account for statutory requirements.
We also vigorously represent and advocate for our clients in court and before a
variety of administrative tribunals including federal and provincial human rights tribunals, employment standards tribunals, workers compensation tribunals, and employment insurance tribunals.