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Administrative
CASE DICTA
APPEALS/JUDICIAL REVIEWS [there are major topics on 'Judicial Review' and 'Civil Appeals', see the header]
Standing Case Dicta - Tribunal Standing on JR/Appeal [#Standing]
Administrative Case Dicta - Tribunal Intervention on Appeal/JR
SPPA Guide Ch.9: Appeals and Judicial Reviews
ABUSE OF PROCESS
SPPA Case Dicta - Abuse of Process [s.23(1)]
Administrative Case Dicta - Abuse of Process [SPPA s.23(1)]
|||Abuse of Process Order and Direction Jurisdiction [SPPA 23(1) - Abuse of processes] [#ADMIN]
ADJOURNMENTS
Administrative Case Dicta - Adjournments
|||Adjournments [SPPA 21 - Adjournments] [#ADMIN]
ADJUDICATIVE TRIBUNALS ACCOUNTABILITY, GOVERNANCE AND APPOINTMENTS ACT, 2009 (ATAGAA)
... See 'GOVERNANCE, TRIBUNAL'.
ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CANADA ACT
Administrative Tribunals Support Service of Canada Act (Fed)
ALTERNATIVE DISPUTE RESOLUTION (ADR) [SPPA s.25.1 Tribunal Rules Required]
General
SPPA Guide Ch.12: Alternative Dispute Resolution
|||ADR if s.25.1 Tribunal Rules and Party Consent [SPPA 4.8(1) - Alternative dispute resolution] [#ADMIN]
|||ADR Definition [SPPA 4.8(2) - Definition] [#ADMIN]
|||s.25.1 Tribunal Rule Requirements [SPPA 4.8(3) - Rules] [#ADMIN]
|||Rules for Mandatory ADR [SPPA 4.8(4) - Mandatory alternative dispute resolution] [#ADMIN]
|||Who May Conduct ADR, and if Member They Shall Not Hear [SPPA 4.8(5) - Person appointed to mediate, etc.] [#ADMIN]
|||ADR, Other Jurisdiction [SPPA 4.8(6) - Continuance of provisions in other statutes] [#ADMIN]
Evidence
|||ADR-Conductor Not Testimony/Document Compellable in Tribunal or Civil Proceedings [SPPA 4.9(1) - Mediators, etc., not compellable] [#ADMIN]
|||Notes and Records of ADR-Conductor Inadmissible [SPPA 4.9(2) - Evidence in civil proceedings] [#ADMIN]
AMICUS CURIAE
Administrative Case Dicta - Amicus Curiae
AT YOUR SERVICE ACT, 2022
At Your Service Act, 2022
>>>>> Reg. 162/24 - GENERAL
BIAS
Administrative - Bias
BOOTSTRAPPING
Administrative - Bootstrapping
CHARTER [LINKED from /Charter]
Charter Case Dicta - Administrative (+)
CIVIL LITIGATION DEFINITIONS
|||Definitions of the Courts of Justice Act [Courts of Justice Act, s.1 (Ontario)] [#ADMIN]
COMMON LAW AND EQUITY
Administrative - Common Law and Equity
CONFLICT OF INTEREST
Administrative - Conflict of interest
CONSOLIDATED HEARINGS ACT
Consolidated Hearings Act
CONSTITUTIONAL (Non-Charter)
Administrative Case Dicta - Constitutional
CONTEMPT
SPPA Case Dicta - Contempt [s.13]
|||Stating Case to Divisional Court for Contempt Where Summons Default [SPPA 13(1) - Contempt proceedings] [#ADMIN]
|||13(1) Contempt Applies to Failure to Participate (Where Contesting Written Hearing) or to Attend Pre-Hearing Conference [SPPA 13(2) - Same (Contempt proceedings)] [#ADMIN]
CONTROL OF PROCESS [SPPA s.25.1 Tribunal Rules Required]
Administrative Case Dicta - Control of Process
Administrative Case Dicta - Procrustes Issues
SPPA Ch.18: Control of Process
|||Control of Process Orders and s.25.1 Tribunal Rules [SPPA 25.0.1 - Control of process] [#ADMIN]
|||Control of Process ('Maintenance of Order') Orders and Directions, Oral or Electronic Hearing; Enforcement [SPPA 9(2) - Maintenance of order at hearings] [#ADMIN]
COSTS [SPPA s.25.1 Tribunal Rules Required]
Administrative Case Dicta - Costs
SPPA Guide Ch.16: Cost Awards
|||Interpretation, Tribunal Rules Made Under s.17(4) [SPPA 2 - Liberal construction of Act and rules] [#ADMIN]
|||Tribunal May Make Cost Orders Under s.25.1 Tribunal Rules [SPPA 17.1(1) - Costs] [#ADMIN]
|||Cost Order Requirements [SPPA 17.1(2) - Exception] [#ADMIN]
|||Amount of Costs According to Rules [SPPA 17.1(3) - Amount of costs] [#ADMIN]
|||Cost Rules Jurisdiction [SPPA 17.1(4) - Rules] [#ADMIN]
|||Application of s.25.1 to Cost Rules [SPPA 17.1(5) - Same (Rules)] [#ADMIN]
|||Costs, Other Jurisdiction [SPPA 17.1(6) - Continuance of provisions in other statutes] [#ADMIN]
|||Written or Electronic Costs Submissions Required, Except Where Prejudice [SPPA 17.1(7) - Submissions must be in writing] [#ADMIN]
COVID
Administrative Case Dicta - COVID
DEEMED UNDERTAKINGS
Administrative Case Dicta - Deemed Undertakings
DEFINITIONS
|||Definitions of the Courts of Justice Act [Courts of Justice Act, s.1 (Ontario)] [#ADMIN] [#COURTS]
DELAY
Administrative Case Dicta - Delay - Pre-Abrametz
Administrative Case Dicta - Delay - Abrametz
Administrative Case Dicta - Delay - Post-Abrametz
DISCLOSURE
General
SPPA Case Dicta - Disclosure [s.5.4]
Administrative Case Dicta - Disclosure
|||Disclosure, Where Character, Propriety of Conduct or Competence of a Party at Issue [SPPA 8 - Where character, etc., of a party is in issue] [#ADMIN]
'Disclosure Orders' [SPPA s.25.1 Tribunal Rules Required]
SPPA Guide Ch.14: Document Disclosure
|||Disclosure Orders Allowed Anytime, but Tribunal s.25.1 Rules Required [SPPA 5.4(1) - Disclosure] [#ADMIN]
|||Disclosure Orders, Other Jurisdictions Apply [SPPA 5.4(1.1) - Other Acts and regulations] [#ADMIN]
|||Privilege Exception [SPPA 5.4(2) - Exception, privileged information] [#ADMIN]
DISCRETION
Administrative - Discretion
ELECTRONIC HEARINGS [SPPA s.25.1 Tribunal Rules Required]
General
Administrative Case Dicta - Electronic Hearing
SPPA Guide Ch.11: Written and Electronic Hearings
|||Definition of "Electronic Hearing" [SPPA 1(1) - Interpretation ("electronic hearing")] [#ADMIN]
|||Electronic Hearings, Tribunal s.25.1 Rules Required [SPPA 5.2(1) - Electronic hearings] [#ADMIN]
|||Exception, Where Significant Prejudice Over Oral [SPPA 5.2(2) - Exception] [#ADMIN]
|||5.2(2) Not Applicable for Procedural Matters [SPPA 5.2(3) - Same (Exception)] [#ADMIN]
|||All Parties and Tribunal Must Be Able to Hear Parties and Witnesses [SPPA 5.2(4) - Participants to be able to hear one another] [#ADMIN]
Notice of Hearing and Non-Participation
|||Where Electronic Hearing - Details, Right to Contest (Where Non-procedural Issues) and Caution Required in Notice of Hearing [SPPA 6(5) - Electronic hearing] [#ADMIN]
|||Non-Participation or Failure to Contest, Where Electronic Hearing in Notice of Hearing [SPPA 7(3) - Same, electronic hearings] [#ADMIN]
Public Access
|||Public Access, Attendence at Electronic Hearing [SPPA 9(1.2) - Electronic hearings] [#ADMIN]
|||Control of Process ('Maintenance of Order') Orders and Directions, Oral or Electronic Hearing; Enforcement [SPPA 9(2) - Maintenance of order at hearings] [#ADMIN]
Evidence
|||Rights of Evidence, Testimony, Cross-Examination and Submissions - Where Oral or Electronic Hearing [SPPA 10.1 - Examination of witnesses] [#ADMIN]
ENFORCEMENT
Administrative Case Dicta - Enforcement
SPPA Guide Ch.8: Enforcement
|||Court Filing of Certified Tribunal Orders or Decisions for Enforcement [SPPA 19(1) - Enforcement of orders] [#ADMIN]
|||10 Days Notice of Court Filing to Tribunal [SPPA 19(2) - Notice of filing] [#ADMIN]
|||Enforcement of Money Orders by Sheriff [SPPA 19(3) - Order for payment of money] [#ADMIN]
ESTOPPEL, RES JUDICATA AND STARE DECISIS
Administrative Case Dicta - Estoppel
Administrative Case Dicta - Issue Estoppel
Administrative Case Dicta - Administrative Stare Decisis Considered
Administrative Case Dicta - Administrative Stare Decisis
EVIDENCE
General
SPPA Case Dicta - Evidence [s.15]
Administrative Case Dicta - Evidence - General
Administrative Case Dicta - Judicial Notice [SPPA s.16]
Administrative Case Dicta - Multi-Party Evidence
Administrative Case Dicta - Onus
Administrative Case Dicta - Self-Incrimination
Administrative Case Dicta - Evidence - Expert Evidence
Administrative Case Dicta - Evidence - Evidence and Unadvanced Issues
SPPA Guide Ch.6: Evidence Law
|||Rights of Evidence, Witness Testimony, Cross-Examination and Submissions - Where Oral or Electronic Hearing [SPPA 10.1 - Examination of witnesses] [#ADMIN]
|||Evidence Admissible at Hearing [SPPA 15(1) - What is admissible in evidence at a hearing] [#ADMIN]
|||Privilege and Statutory Admissibility Exceptions [SPPA 15(2) - What is inadmissible in evidence at a hearing] [#ADMIN]
|||Statute-Limitations Admissibility and Use Exceptions [SPPA 15(3) - Conflicts] [#ADMIN]
Witnesses
Administrative Case Dicta - Cross-Examination
SPPA Case Dicta - Limiting Examination [s.23(2)]
|||Witness Panels [SPPA 15.2 - Witness Panels] [#ADMIN]
|||Witness Entitled to Representation Regarding Rights, Where Oral or Electronic Hearing [SPPA 11(1) - Rights of witnesses to representation] [#ADMIN]
|||Limitation, Witness Representation Where Closed Oral Hearing [SPPA 11(2) - Rights of witnesses to representation] [#ADMIN]
|||Oaths or Affirmations by Tribunal Member, May be Required for Evidence [SPPA 22 - Administration of oaths] [#ADMIN]
|||Self-Incrimination and Liability Protection for Witness [SPPA 14 - Protection for witnesses] [#ADMIN]
|||Limitation on Examination or Cross-Examination [SPPA 23(2) - Limitation on examination] [#ADMIN]
Judicial Notice
|||Judicial Notice and Technical Evidence [SPPA 16 - Notice of facts and opinions] [#ADMIN]
ADR Evidence Limitations
|||ADR-Conductor Not Testimony/Document Compellable in Tribunal or Civil Proceedings [SPPA 4.9(1) - Mediators, etc., not compellable] [#ADMIN]
|||Notes and Records of ADR-Conductor Inadmissible [SPPA 4.9(2) - Evidence in civil proceedings] [#ADMIN]
|||Disclosure, Where Character, Propriety of Conduct or Competence of a Party at Issue [SPPA 8 - Where character, etc., of a party is in issue] [#ADMIN]
Evidence Use Where Merged Hearings
|||Use of Evidence, When Merged Hearings [SPPA 9.1(5) - Use of same evidence] [#ADMIN] [see "MERGER/SPLITTING OF HEARINGS"]
Copies of Evidence
|||Copies Admissible [SPPA 15(4) - Copies] [#ADMIN]
|||Copies of Documents May Be Filed, or Certified Copies Made Available [SPPA 15(5) - Photocopies] [#ADMIN]
|||Certified Copies Admissible [SPPA 15(6) - Certified copy admissible in evidence] [#ADMIN]
Previously-Admitted Evidence
|||Admission of Previously-Admitted Evidence on Consent [SPPA 15.1(1) - Use of previously admitted evidence] [#ADMIN]
|||Definition of Previously-Admitted Evidence [SPPA 15.1(2) - Definition] [#ADMIN]
|||Additional Power [SPPA 15.1(3) - Additional power] [#ADMIN]
FAIRNESS
Administrative - Fairness (this links to the main 'Fairness' topic) [#FAIRNESS]
Administrative - Audi Alteram Partem (Hear Both Sides)
FINES
Administrative Case Dicta - Administrative Penalties
Administrative Case Dicta - Regulatory Charges
FRIVOLOUS AND VEXATIOUS
Administrative Case Dicta - Frivolous Proceedings
FUNCTUS OFFICIO
Administrative Case Dicta - Functus Officio
GOVERNANCE, TRIBUNAL
General
|||Purpose [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.1 (Ont)]
||| Definitions [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.2 "Definitions"(Ont)]
Public Accountability Documents
||| Definitions - "Public Accountability Documents" [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.2 (Ont)]
||| Mandate and mission statement [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.3(1-3) (Ont)]
||| Consultation Policy [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.4(1-4) (Ont)]
||| Service standard policy [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.5(1-4) (Ont)]
||| Ethics Plan [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.6(1-4) (Ont)]
||| Member accountability framework [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.7(1-3) (Ont)]
||| Amendments to public accountability documents [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.9 (Ont)]
||| Publication, Amendment and Review of Public Accountability Documents (Public Access) [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.8 (Ont)]
||| Conflict with Public Service of Ontario Act, 2006, Ethics Plan [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.6(4) (Ont)]
||| Review of public accountability documents [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.10 (Ont)]
Governance Accountability Documents
||| Definitions - "Governance Accountability Documents" [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.2 "Definitions"(Ont)]
||| Memorandum of understanding [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.11(1-7) (Ont)]
||| Business Plan [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.12(1-4) (Ont)]
||| Annual Report [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.13(1-3)-13.2 (Ont)]
Tribunal Clusters
||| Tribunal Clustering [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.15-19 (Ont)]
Periodic Review
||| Review of tribunals [Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, s.21(1-4) (Ont)]
HEARINGS [see also: ELECTRONIC / ORAL / WRITTEN HEARINGS]
General
Administrative Case Dicta - When Hearing Required
Administrative Case Dicta - Bifurcated Hearings
SPPA Guide Ch.4: Hearings
|||Definition of "Hearing" [SPPA 1(1) - Interpretation ("hearing")] [#ADMIN]
Different Types of Hearings [s.25.1 Tribunal Rules Required]
SPPA Case Dicta - Types of Hearing [s.5.1-5.2]
|||Tribunal May Make s.25.1 Rules to Categorize Types of Cases Before It[SPPA 4.7 - Classifying proceedings] [#ADMIN] [s.25.1 Tribunal Rules Required]
|||Combination of Types of Hearings Allowed [SPPA 5.2.1 - Different kinds of hearings in one proceeding] [#ADMIN]
No Hearing if Consent
|||Consent to Dispose of Proceeding Without Hearing [SPPA 4.1 - Disposition without hearing] [#ADMIN]
Incapacity or Expiration of Tribunal Member
|||Where Member Appointment Expires During Hearing [SPPA 4.3 - Expiry of Term] [#ADMIN]
|||Incapacity of Members [SPPA 4.4(1) - Incapacity of member] [#ADMIN]
|||Incapacity of Members, Exception [SPPA 4.4(2) - Other Acts and regulations] [#ADMIN]
HEARINGS IN TRIBUNAL PROCEEDING (TEMPORARY MEASURES) ACT, 2020 (HTPTMA)
||| Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020 (HTPTMA) (COVID measure) [Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020 (HTPTMA)]
HUMAN RIGHTS
Administrative Case Dicta - Human Rights
IMPECUNIOSITY
Administrative Case Dicta - Impecuniosity
INQUIRIES ACT
Inquiries Act (Fed)
INTERPRETATION
Administrative Case Dicta - Interpretation
INVESTIGATION
Administrative Case Dicta - Investigation
JURISDICTIONAL ISSUES
Administrative Case Dicta - Jurisdiction
Administrative Case Dicta - Competing Tribunal Jurisdiction
Administrative Case Dicta - Competing Court-Tribunal Jurisdiction (+)
Administrative Case Dicta - Stays as a Jurisdictional Remedy
LICENCES
Administrative Case Dicta - Licences, Certificates and Approvals
LIMITATIONS
Limitations Case Dicta - Administrative [#Limitations]
Civil Litigation Case Dicta - COVID 2020 Time Limit Suspension [#Civil-Litigation]
MENS REA
Administrative - Mens Rea
MERGER/SPLITTING OF HEARINGS
|||Merger/Splitting of Hearings [SPPA 9.1(1) - Proceedings involving similar questions] [#ADMIN]
|||Exception to Merger/Splitting, Ontario Land Tribunal Act, 2021 [SPPA 9.1(2) - Exception] [#ADMIN]
|||Further Exception to Merger/Splitting, Other Privacy Jurisdiction or Closed Oral/Electronic Hearing [SPPA 9.1(3) - Same (Exception)] [#ADMIN]
|||Further Exception, Other Jurisdiction re Absence of Consent [SPPA 9.1(4) - Conflict, consent requirements] [#ADMIN]
|||Use of Evidence, When Merged Hearings [SPPA 9.1(5) - Use of same evidence] [#ADMIN]
MISINFORMATION
Administrative - Misinformation
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