Does Section 2(n) of the Ontario Constitution require a judicial or quasi-judicial hearing?

California, United States of America


The following excerpt is from San Mateo County v. Palomar Holding Co., 208 Cal.App.2d 194, 24 Cal.Rptr. 905 (Cal. App. 1962):

The precise nature of the action contemplated by section 2(n), whether administrative or ministerial, is immaterial for the purposes here. The significant determination is that the section does not contemplate a judicial or quasi-judicial type of determination. Due process of law requires a hearing where the proceeding is quasi-judicial in nature, but not where it is quasi-legislative. (See 3 Witkin, Summary, Constitutional Law, 119, p. 1923.) 'Where the proceedings are quasi-legislative in character, a hearing of a judicial type is not required; a hearing allowed by legislative grace is not circumscribed by the restrictions applicable to judicial or quasi-judicial adversary proceedings.' (Franchise Tax Board v. Superior Court

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