Suing Tribunals
December 26, 2023 By Brian Babcock THE ISSUE In most situations, it is impossible to sue the tribunal, its members, or the Crown. If you are dissatisfied with a decision of an administrative tribunal, you should determine your rights to appeal, or obtain judicial review. THE CASE This is illustrated by the decision of the […]
Causation in Human Rights Cases
November 16, 2023 By Brian Babcock In law, we talk about “causation” as the relationship between a person’s actions and the results that follow. It is a complex legal concept and differs by area of law. The application of the concept in human rights complaints differs materially from the general notions of causation. Causation Generally […]
Administrative Appeals May Be Premature
May 25, 2023 By Nick Melchiorre Timing can be everything. THE ISSUE If you are on the wrong end of an administrative decision and have a right to appeal, make sure that you do it at the correct time or you may waste time, money, and energy by having to start all over again. THE […]
Jurisdiction and Human Rights: An Ontario Perspective
November 3, 2022 By Brian Babcock We wrote a while ago about the Supreme Court of Canada decision that got sensationalist headlines because the court ruled that under Manitoba legislation, arbitrators had exclusive jurisdiction over human rights complaints where there was a collective agreement that contained the usual privative clause protecting arbitrators’ jurisdiction. Prior to […]
The Reason For Reasons
October 14, 2022 By Nick Melchiorre …the exercise of public power must be justified, intelligible and transparent, not in the abstract, but to the individuals subject to it.” So said the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, the 2019 case which restated the approach that courts take to a […]
Human Rights and the Courts
September 24, 2022 By Brian Babcock What happens when you believe that you have been wrongfully dismissed and at the same time have a human rights complaint arising from your employment? The Ontario Human Rights Code section 46.1 permits you to include a claim for breaches of the Code in your lawsuit to Superior Court […]
Sometimes Fairness is About The Golden Rule
September 18, 2022 By Brian Babcock “Do unto others as you would have them do unto you” is a lesson most judges seem to retain from school days and may be an important consideration in how those judges view issues of fairness in administrative decision making. THE ISSUE When somebody requiring a registration certificate in […]
Judicial Review? Action? Appeal?
August 24, 2022 By Brian Babcock In our article What is judicial review? we explained the difference between judicial review and an appeal. A judicial review is also not an action for damages. THE ISSUE Choosing the correct procedural path can avoid getting stuck in thorny issues of civil procedure and administrative law. THE CASE […]
Taking Prompt Payment Seriously
July 15, 2022 By Jonathon Clark The introduction of prompt payment requirements was one of the most important changes in the move from the Construction Lien Act to the Construction Act. WHAT IS NEW ABOUT THIS LAW The whole point of these provisions is to require prompt payment to avoid disruptions to construction projects when […]
Mining Exploration Permits and the Honour of the Crown: FAQ
June 6, 2022 By Brian Babcock What is the ‘honour of the Crown’? It is a constitutional duty to First Nations (or other Indigenous peoples) which springs from the ongoing process of reconciliation with Indigenous people, a process which is a moral, political, and legal obligation of the Crown. It is an obligation at the […]