Definitions
A statute that sets out the functions of a tribunal
What is the enabling legislation
A central piece of legislation in Ontario that governs Tribunal procedure
What is the Statutory Procedures Act
Underwent significant changes in 2020 following three key events
Angelo worked on a shop floor at a car factory that has a schedule status where workers are covered by the WSIA. He has been doing the same job for 6 years when his accident happened. He was walking over to grab a tool when he tripped over a piece of machinery which has sharp edges. The machine was supposed to have been put away the night before. Angelo sustained injuries that would require medical treatment physiotherapy and time off work. Can Angelo sue the Car factory for negligence since the machine ought to have been put away the night before and why or why not.
No. As they are covered under the WSIA Angelo will have to make a claim through WSIB.
Open court in terms of procedural fairness was reinforced when this case raised concerns about difficulties accessing adjudicative records.
What is Toronto Star v Ontario
What principle is limited when a hearing is held in camera?
Open court principle
Typically of a shorter length of time, where self-representation is facilitated and as such is seen as more user-friendly
What are the benefits of a Tribunal
Hears appeals related to property tax assessments and the classification of properties
What is the Assessment Review Board
A potential client attends at your office and advises that on January 30 2024 they were the subject of harassment at their work place. In February 2024 they were in an accident which resulted in a coma, until December 2024. The potential client approaches you on January 31, 2025 to find out if they are out of time. What do you tell them?
The typical timeline for filing an application is 1 year from the last incident. However the board can extend the time for filing due to extenuating circumstances, which would likely apply in this situation given the medical condition of the potential client and their inability to file within the one year time line.
The current leading case on standard of review and presumption of reasonableness?
What is Vavilov
Actions or threats that are intended to penalize against an individual who has exercised their rights under the Code or who has refused to violate someone else's rights under the Code
A key procedural difference between courts and tribunals
Courts = formal rules
Tribunals = flexible
Two separate agencies, independent of one another that hear matters relating to discrimination
The Canadian Human Rights Commission
The Canadian Human Rights Tribunal
What must an applicant prove to establish discrimination at the HRTO?
Protected Ground
Social Area
Adverse Impact
Section 5(2) of the ODSPA states that a person is not eligible for ODSP benefits if the only basis for their application is a substantial restriction in activities of daily living caused by dependency on a non-prescribed drug, chemically activated substance or alcohol this was deemed to have "no force or effect" as a result of this case **
What is Trachemontagne
Section 2(b) of the Charter refers to and entrenches in common law the principle that court processes and the events that transpire in a hearing must be available to the public
What is Open Court
Advantages that tribunals have over the traditional court system ***
Possible Answers (looking for 3)
- Faster resolution of disputes
- Simpler procedures- which allow applicants to self represent or spend less
-Public legal resources are available to assist self-reps
- Tribunal procedures are tailored to suit the types of matters before them
Accessibility, fairness, timeliness, transparency, professionalism and public service.
What are the core values of the Social Benefits Tribunal
Mary-Ann is applying for Ontario Works benefits. She is single with 1 dependent, has $25,000 in her bank account, she receives $1000 per month in child support, owns one car valued at $10,000 and owns a two bedroom home valued at $500,000.
What is the key issue in determining eligibility for Ontario Works in this scenario?
Asset limits exceeded
This case clarifys who is protected under the Charter and sets out the procedural requirements for fairness
What is Singh
A quasi-judicial body with limited jurisdiction that determines questions of fact or law
What is a Tribunal
To assist to reduce the pressure on the over burdened court system, and to help alleviate public concerns about access to justice
Why were Tribunals Created
A well-established and well-functioning tribunal that focuses on the resolution of labour and employment matters
What is the Ontario Labour Relations Board
Lou is a landlord. His tenant, Tim is in rental arrears of $10,000. There is a LTB hearing scheduled for May 1, 2025. Tim wants to enter into a payment arrangement. What options does Lou have if he were to agree to a payment arrangement?
A client disagrees with a tribunal decision. What must they show on judicial review?
Decision is unreasonable (not just wrong) - Vavilov