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Administrative Board and Tribunal Litigation

Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies.  This law concerns the manner in which courts can review the decisions of administrative decision-makers (ADMs) such as a board, tribunal, commission, agency or a Minister.

The body of law is concerned primarily with issues of substantive review (the determination and application of a standard of review) and with issues of procedural fairness (the enforcement of participatory rights).

Administrative law concerns the statutes and rules of government operations. Courts ensure that ADMs observe the limits on the authority. Also, declaration and equitable injunction remedies exist.

Administrative Tribunals

There are about 560 provincial boards, agencies and commissions in the Province of Ontario.

Many of these are administrative tribunals, which have been granted the authority to make decisions under a statute or regulation.

Tribunals are independent agencies responsible for making decisions and sometimes recommendations. There is a broad range of administrative tribunals dealing with a variety of subjects; for instance, some deal with regulatory and licensing issues, others with entitlement to compensation or benefits.

Some tribunals are large organizations with many members, such as the Workplace Safety and Insurance Appeals Tribunal; others are smaller, such as the Ontario Highway Transport Board.

Some tribunals determine their own processes, and have created their own rules of procedure.  Their members are also subject to codes of conduct.
Administrative tribunals are required to consider the evidence before them. They can make findings of credibility and accept the evidence of one witness over another.

Some administrative tribunals have the express right to reconsider their decisions. Where an individual is dissatisfied with the tribunal’s decision, they may have a right to apply to have it reconsidered.

Some examples are:

  • Canadian Human Rights Tribunal
  • Conservation Review Board
  • Energy Board
  • Environmental Assessment and Appeal Boards
  • Financial Services Commission
  • Immigration and Refugee Board
  • Liquor Control Board of Ontario
  • Ontario Human Rights Commission
  • Municipal Board
  • Pay Equity Commission
  • Rental Housing Tribunal
  • Social Benefits Tribunal
  • Ombudsman Ontario
  • Ontario Securities Commission
  • Workplace Safety and Insurance Board
  • Workplace Safety and Insurance Appeals Tribunal

Aswani K. Datt can help you devise a litigation strategy to ensure you receive a real and cost effective result.

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