Category Archives: Administrative Law

Fairness Aggregate

In terms of fairness as related to the actions of administrative tribunals: can’t ignore the experiences of the public, but can’t simply be an aggregate of those experiences. Sentiments of Lorne Sossin, in session on administrative tribunal diversity, at the … Continue reading

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Taking the part

Wondering whether the establishment of administrative tribunals involves a legislature removing certain functions from the judiciary. How far does an executive domain extend? Broad parameters, provided there is legislative justification? In legislatively removing adjudicative functions from the judiciary, the executive … Continue reading

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Deference

Wrote about decision by the Human Rights Tribunal of Ontario: Masetich v. Value Village Stores, 2016 HRTO 1229. The decision involves a difference in interpretation as to the nature of accommodation an employer must give in relation to caregiving responsibilities. … Continue reading

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Part of The Executive II

From a decision by the Human Rights Tribunal of Ontario (per Vice-Chair Jennifer Scott) in Misetich v. Value Village Stores, 2016 HRTO 1229: [34] The Federal Court of Appeal in Canada (Attorney General) v. Johnstone, 2014 FCA 110 (CanLII) (“Johnstone”), … Continue reading

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Part of The Executive

Various municipal concerns about the powers of the Ontario Municipal Board. Some municipal councillors arguing that it should perhaps be abolished. So much concern that the Ontario government is considering “curbing the powers” of the Tribunal. Some dimensions of the … Continue reading

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Obtuse

In relation to “Maybe Yes, Peut-Être“, Neil Remington Abramson commented as follows: You’d have to be a bilingual lawyer, with time on your hands, to figure this one out. Screens and screens of French followed by screens and screens of … Continue reading

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Maybe Yes, Peut-Être

Extrait de Ferme Alain Dufresne: Ferme Alain Dufresne inc. c. Canada (Agence canadienne d’inspection des aliments), 2015 CRAC 6 Ferme Alain Dufresne Inc. c. Canada (Canadian Food Inspection Agency) 2015 CART 6 With English translation following… Contrôle judiciaire de la … Continue reading

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