Chapter 18 - Tribunal Rule-Making Authority: Control of Process
In Ch.3, s.1 ["Tribunals: Overview"] I make the practical distinction between the presiding tribunal and the managing tribunal, a distinction little acknowledged in law. In addition to the authority of a presiding tribunal to make orders in any particular proceeding to control it's procedures and practices [SPPA s.25.0.1(a)] and to maintain order [s.9(2)], the managing tribunal may also make s.25.1 rules with respect the procedures and practices of the tribunal generally (applicable to all presiding tribunals) [SPPA s.25.0.1(b), 25.1].
Note that all of the above-mentioned authorities are distinct from the SPPA's similar "abuse of process" jurisdiction [s.23(1)] that is discussed in Ch.5: "Abuse of Process", and which is subject of it's own Isthatlegal.ca topic [see the sidebar]. While the legal doctrine of 'abuse of process' is a developing and flexible one, in this context it likely relates more to situations where the bringing of the proceeding itself (rather than any specific behaviour or conduct within it) is legally problematic (eg. a prior proceeding has already resolved the issues in dispute, creating a 'cause of action' estoppel).
As per the discussion of the MTHA v Godwin Court of Appeal case in Ch.1, s.2 ["Tribunals and Their Rules"], all these authorities will likely be interpreted broadly.
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