Can a statutory court control its own process?
Nova Scotia, Canada
The following excerpt is from Reference re Public Services Sustainability (2015) Act, 2020 NSCA 53 (CanLII):
The Ontario Court of Appeal made a similar comment in R. v. Fercan Developments Inc., 2016 ONCA 269 at para. 51: A statutory court also has the power to control its own process. That power is necessarily implied in a legislative grant of power to function as a court of law: Cunningham v. Lilles, 2010 SCC 10, [2010] 1 S.C.R. 331 (S.C.C.), at para. 19.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of an extensive period of time being AWOL from the process of the court? (Nova Scotia, Canada)
Can the executive exercise control over the records of a court? (Nova Scotia, Canada)
How have the courts of equity and/or the Court of Exchequer dealt with the issue of set-off at law? (Nova Scotia, Canada)
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
When will a court order joint ownership of a property? (Nova Scotia, Canada)
What is the legal test for supervising a statutory decision? (Nova Scotia, Canada)
When will a court order sole custody in a family law case? (Nova Scotia, Canada)
Does the Court have any authority to overturn an order by a judge in a family law matter? (Nova Scotia, Canada)
When will the court grant an original mobility application against a variation application? (Nova Scotia, Canada)
In what circumstances have courts imputed income to a payor who provides no medical evidence to support the payor's claim of not being able to work for health reasons? (Nova Scotia, Canada)
