you are appointed as a part-time board member at an administrative tribunal in Ontario. In the process of writing your first reserved decision, you come across new case law on a topic not raised by the parties but that you feel is relevant to the case. Can you rely on this new legal authority? (3 marks)
Question
you are appointed as a part-time board member at an administrative tribunal in Ontario. In the process of writing your first reserved decision, you come across new case law on a topic not raised by the parties but that you feel is relevant to the case. Can you rely on this new legal authority? (3 marks)
Solution
Yes, as a board member of an administrative tribunal in Ontario, you can rely on new legal authority even if it was not raised by the parties involved. Here are the steps explaining why:
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Duty to Act Fairly: As a decision-maker, you have a duty to act fairly. This includes considering all relevant and material facts, evidence, and law that may impact the decision. If you come across new case law that is relevant to the case, it is within your duty to consider it.
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Independent Research: Tribunal members are allowed to conduct independent legal research. This is because they are expected to make decisions based on the most accurate and current state of the law. Therefore, if you come across new case law in your research, you can rely on it.
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Opportunity to Respond: However, if you intend to rely on this new case law, you must give the parties an opportunity to respond to it. This is part of the parties' right to be heard and it ensures the process is fair. You can do this by reconvening the hearing or asking for written submissions on the new case law.
In conclusion, you can rely on the new legal authority, but you must ensure that the parties are given an opportunity to respond to it.
Similar Questions
being a paralegal in ontario, you are appointed as a part-time board member at an administrative tribunal. In the process of writing your first reserved decision, you come across new case law on a topic not raised by the parties but that you feel is relevant to the case. Can you rely on this new legal authority? (3 marks)
Being a paralegal in Ontario, Canada, You represent a community association opposed to a rezoning application for a supervised drug-use site in their community. The community association would like to obtain party status so they can fully participate in the upcoming hearing. The relevant statute permits the tribunal to add parties but is silent on the criteria for granting party status. How do you go about obtaining party status? (3 marks)
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What sources of law would you review to determine the proceduree that a particular tribunal or agency must follow to ensure a fair hearing?
scope and nature of the administrative law
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