LAW 122 Lecture Notes - Lecture 2: Natural Justice, Alternative Dispute Resolution, Mandamus

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Eric Libman

Document Summary

Administrative tribunals: resolves issue and disputes, between government and a court. Human rights tribunals, labour relations board, competition tribunal. Cheaper and faster: exe(cid:396)(cid:272)ise a (cid:862)(cid:395)uasi-judi(cid:272)ial(cid:863) fu(cid:374)(cid:272)tio(cid:374) Judicial review: administrative tribunal decisions are highly respected and not easily overturned, can some times seek judicial review by a court on substantive or procedural questions. Standards of judicial review for substantive decisions. Procedural decisions: normally on basis that rules of natural justice (or procedural fairness) were not followed, a tribunal is bound by rules of natural justice: If the governing legislation indicates it is. If court determines it is after considering: Nature of decision (was a specific dispute resolved?) Relationship between decision maker and affected party. How the decision affected the partys rights and interests. Writ of certiorari: quash an administrative decision. Writ of prohibition: orders tribunal not to proceed with matter. Writ of mandamus: directs tribunal to perform duties correctly. De(cid:272)la(cid:396)atio(cid:374): p(cid:396)ovides e(cid:374)fo(cid:396)(cid:272)ea(cid:271)le state(cid:373)e(cid:374)t of pa(cid:396)ties" (cid:396)ights and obligations.