What is the test for an administrative tribunal to interpret statutory provisions in its jurisdiction?
Ontario, Canada
The following excerpt is from Cressman v. Ontario College of Teachers, 2005 CanLII 1406 (ON SCDC):
All administrative tribunals must correctly interpret statutory provisions which grant and limit their jurisdiction. Syndicat des Employés de Production du Québec et de l’Acadie v. C.L.R.B. (1984), 1984 CanLII 26 (SCC), 14 D.L.R. (4th) 457 (S.C.C.) at 463-64 U.E.S., Local 298 v. Bibeault, 1988 CanLII 30 (SCC), [1988] 2 S.C.R. 1048 at 1085-86 Canada (Attorney General) v. Public Service Alliance of Canada (1991), 1991 CanLII 88 (SCC), 80 D.L.R. (4th) 520 (S.C.C.) at 528-30
"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
In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
Can the court exercise parens patriae jurisdiction in circumstances where the legislation does not contain a provision in which the courts have jurisdiction? (Ontario, Canada)
What is the current state of the law on the interpretation of substantive statutory provisions? (Ontario, Canada)
In what circumstances will a tenant be evicted from a rental unit after the statutory statutory period has expired if they bring a moving van to the former rental unit during the statutory period? (Ontario, Canada)
If a dispute in essence arises from the interpretation, administration, application or alleged violation of the collective agreement, does the court have jurisdiction to hear the dispute? (Ontario, Canada)
How has the principle of comity been interpreted in the context of multi-jurisdictional torts? (Ontario, Canada)
How have the courts interpreted the provisions in the closing deed of a real estate transaction? (Ontario, Canada)
What is the "golden rule" of interpretation of statutory words? (Ontario, Canada)
How is a criminal acquittal considered in the context of a subsequent proceeding before an administrative tribunal? (Ontario, Canada)
What is the scope of an administrative tribunal’s discretion to adjourn proceedings? (Ontario, Canada)
