And
what of the adjudicator's conduct?
Not exact matches
Over the years, retailers have cheerfully trousered millions
of pounds in
what has been variously called «shelf money», «hello money», marketing support or
what the UK Groceries Code
Adjudicator coyly describes as «unfair practices».
Mr. Butler cited previous case law and in particular the case
of SMV v. Murray, 2014 CanLIii 2417 (Supreme Court
of Canada) which indicates that only a properly attested to and sworn report
of the Police Officer can substantiate a 90 IRP driving prohibition and Mr. Butler argued that there was an irregularity in the process by having the
adjudicator consider any UNSWORN report even if it incorporated the findings
of what appeared to be a SWORN report.
In the recent case
of Bintai Kindenko Pte Ltd v Samsung C&T Corp [2017] SGHC 321 ¸ the Singapore High Court further clarified
what would amount to a breach
of natural justice on the part
of the
adjudicator, such that the Court would exercise its power to set aside the adjudication determination.
In addition to providing an overview
of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion
of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a hearing,
what evidence
adjudicators are looking for or emphasizing, the format
of the hearing (written, oral, hybrid), witness issues, etc..
In British Columbia, the ability
of the witness to determine how the oath is to be given is limited to
what the
adjudicator considers to be practicable (Evidence Act, RSBC 1996, c. 124, section 20).
After careful analysis
of what is a commercial activity, the
adjudicator decided to give it a broad interpretation for the purpose
of Alberta's PIPA.
Justice Slade also points out that if everyone is sitting in a circle, everyone can look at
what the adjacent person is doing, including seeing the notes
of the judge /
adjudicator.
However
what the Board has provided are not case examples representative
of a WSIB
adjudicator's caseload but fictional scenarios typical
of the stories that are being told to set the public stage for cutbacks in injured worker benefits.
In the mediation, the
adjudicator told the complainant in caucus that, based on
what he had seen
of the complaint so far, the fact that he had been disciplined on several occasions suggested that his case was not very strong.
The use
of social media by
adjudicators and judges continues to attract attention, but there has been little movement in defining
what is appropriate activity.
More discussion is needed within the
adjudicator community about
what mentorship guidelines for
adjudicators should contain, but here is my initial list
of areas that need to be addressed in guidelines:
«
What the Federal Court judge has said is not that the
adjudicator was wrong, but that some
of her analysis was problematic and she needs to re-do the analysis and come to a new conclusion,» says Kastner.