Does a decision-maker have the authority to make a decision in a de novo hearing?
Manitoba, Canada
The following excerpt is from Santarsieri et al. v. Deputy Minister of Finance (Manitoba), 2014 MBQB 114 (CanLII):
In Friesen, Steel J.A. stated at paragraph 46: Thus, the majority of the court in Canadian Motorways v. Laidlaw Motorways held that where a specialized and experience decision-maker is given the authority to make a decision, and a record is available, the court, which is given the authority to review that decision, should not hold a hearing de novo, but should review the decision in a manner similar to that in a traditional appeal [emphasis added].
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