Nelligan News

From social benefits to correctional services, labour disputes to energy regulation, administrative boards and tribunals are everywhere.

These public and quasi-public agencies administer, process, enforce, regulate, investigate, adjudicate and supervise. Individuals challenge them if they are refused a license and may seek them out if they are injured at work or discriminated against. Administrative bodies are an integral and important part of the public system. They’re also at times inefficient, backlogged and under-funded. Regardless of the conditions under which they operate, administrative boards and tribunals executing a public duty are expected to do so in a procedurally fair manner.

The dictates of procedural fairness and in particular the right to be heard, have and continue to evolve in light of legislation, the Charter of Rights and Freedoms and the common law. This paper will explore and contextualize the developing scope of the right to be heard as it applies to tribunals and other administrative bodies in the province of Ontario by canvassing a sampling of recent judicial review cases in which the reviewing Court found a breach of the right to be heard by the administrative body.

Click here to download the full article (PDF, 55Kb)

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

Have Questions?

Enjoy this article?
Don’t forget to share.

Related Posts

Employment Law for Employees
Blog
Reading time: < 1 mins
Retirement is a major life decision with many emotional, financial, and legal factors. Here are key considerations to help you[...]
Employment Law for Employees
Blog
Reading time: 2 mins
Reports have emerged that IBM is undertaking another “resource action”—its term for workforce restructurings that may include mass terminations. While[...]
Employment Law for Employees
Blog
Reading time: 2 mins
The federal government has introduced several temporary changes to Employment Insurance (EI) that aim to make it easier and faster[...]