What is the test for establishing a judicial proceeding?

Prince Edward Island, Canada


The following excerpt is from Canadian Broadcasting Corp. v Summerside (City of), 1999 CanLII 4294 (PE SCTD):

Joyal J. adopted and set out the analytical method designed by Dickson J. and stated in Minister of National Revenue v. Coopers & Lybrand, supra, to resolve the question of what is a judicial proceeding: (1) Is there anything in the language in which the function is conferred or in the general context in which it is exercised which suggests that a hearing is contemplated before a decision is reached? [underline mine] (2) Does the decision or order directly or indirectly affect the rights and obligations of persons? (3) Is the adversary process involved? (4) Is there an obligation to apply substantive rules to many individual cases rather than, for example, the obligation to implement social and economic policy in the broad sense?

Other Questions


Is a person’s choice of where to establish a home a personal matter? (Prince Edward Island, Canada)
If there are no common facts or legal issues of relatively sufficient importance to both proceedings, should the motion be dismissed? (Prince Edward Island, Canada)
What is the test for establishing there are no material facts in dispute? (Prince Edward Island, Canada)
What is the scope of appellate review of a lower court's decision on a judicial review application? (Prince Edward Island, Canada)
What are the legal tests for establishing constructive possession of a part of a parcel of land on the Toronto Flats? (Prince Edward Island, Canada)
What is the legal test for a stay of proceedings? (Prince Edward Island, Canada)
What is the relevance of evidence in a medical malpractice proceeding? (Prince Edward Island, Canada)
What is the test for establishing a duty of care between the parties? (Prince Edward Island, Canada)
What is the legal test for judicial review of a judge's "unfettered exercise of his unfettered" power? (Prince Edward Island, Canada)
When will an application for judicial review without costs be dismissed? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.