How have courts interpreted preliminary or interlocutory rulings by administrative agencies, tribunals and officials by labelling the preliminary questions as "jurisdiction"?
Canada (Federal), Canada
The following excerpt is from Canada (Border Services Agency) v. C.B. Powell Limited, 2010 FCA 61 (CanLII):
Long ago, courts interfered with preliminary or interlocutory rulings by administrative agencies, tribunals and officials by labelling the rulings as “preliminary questions” that went to “jurisdiction”: see, e.g., Bell v. Ontario Human Rights Commission, 1971 CanLII 195 (SCC), [1971] S.C.R. 756. By labelling tribunal rulings as “jurisdictional,” courts freely substituted their view of the matter for that of the tribunal, even in the face of clear legislation instructing them not to do so.
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