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 […]
A Sticky Wicket about Cricket
May 30, 2022 By Brian Babcock An arbitrator’s award must include reasons which explain clearly how the decision was made. This principle was reviewed and reinforced in the Ontario Superior Court decision of Alberta Cricket Association v. Alberta Cricket Council. The case involved a dispute between two groups competing to be designated as the Provincial […]
Adjournments and Administrative Tribunals
May 23, 2022 By Brian Babcock Procedural fairness is a necessary requirement for any administrative tribunal hearing. However, that does not mean that the courts will uphold objections from parties in all cases a party feels they were unfairly treated. Procedural fairness has its limits. This includes the right to multiple adjournments of a hearing. […]
Jurisdiction and Human Rights: Looking Beyond the Headlines
January 30, 2022 By Brian Babcock Note: An Ontario Human Rights Tribunal has since ruled on this matter in the Ontario context. Please see “Jurisdiction and Human Rights: An Ontario Perspective” for an updated discussion. “Arbitrators have exclusive jurisdiction over human rights cases if there is a collective agreement” is the sort of headline that […]
New Limits on Planning Appeals Treated Seriously
December 29, 2021 By Brian Babcock The Ontario legislature has struggled for years for ways to streamline and simplify the planning process, including appeals, in a way that respects public interest but does not prevent orderly development. Various techniques have been tried: introducing provincial policy statements (PPS) to guide local decision making making compliance mandatory […]
The Public Interest and Liquor Licences
December 12, 2021 By Brian Babcock Prohibition may be a distant memory, but it is not forgotten, with its history in Thunder Bay a fond memory of the rumours that the Bronfman family, of Seagram’s fame, allegedly built tunnels from the Marina Inn (on the location of the current government building) under the train tracks […]
Rationality, Reasons and Human Rights
December 5, 2021 By Brian Babcock If an administrative tribunal makes a decision against you that makes no sense to you, go not give up right away. It may be possible to go to court and have it overturned. An administrative tribunal, in order to make a decision which will withstand judicial review, must make […]
Human Rights Settlements: Contravention May Cost You
December 5, 2021 By Brian Babcock What happens if a party to a human rights settlement fails to perform the non-monetary terms of the settlement? The was the question recently considered by the Ontario Human Rights Tribunal (HRTO). It is very common, if not universal, for human rights settlements to contain non-monetary terms – things […]