ASSIGNMENT No. 1
- Each group will select one of the following tribunals:
- Landlord and Tenant Board
- Law Society Tribunal
- Assessment Review Board
- Consent and Capacity Board
- Ontario Energy Board
- Ontario Land Tribunal
- Specific Claims Tribunal Canada
- Workplace Safety and Insurance Board
- Immigration and Refugee Board of Canada
- Federal Public Sector Labour Relations and Employment Board
- There are two parts to this assignment:
Part 1: Case Brief
Select one published decision of your tribunal. The case must be of a substantive issue and involve a final decision (i.e. it should not be a procedural matter or a motion, it should be a full hearing).
Hint: Browse cases for your tribunal to pick an ideal case that has an interesting legal issue to brief. Consult the sample case brief published on the course Brightspace page under “Tutorials” for details on format and content.
The case brief should be no more than one page, single spaced, 12-point font.
Part 2: Tribunal Introduction
For Part 2, your group much demonstrate a good understanding of your group’s tribunal. Using the Tribunal’s website, the enabling statute(s) and associated regulation(s), answer the following questions:
Introduction to your tribunal.
- What is the role of the tribunal?
- What government policy goal does it achieve?
- Is it federal/provincial jurisdiction? Why?
Identify the enabling legislation.
- Who is/are the decision-maker(s) for this tribunal (generally speaking)? How are they appointed?
- What is their term?
- How is your tribunal accessed by the parties? (i.e. how does one start a proceeding?)
- Who has standing to access the tribunal?
- Are there limitation periods?
- Is the tribunal more of an adjudicative body or does it have investigative functions? (i.e. where on the adversarial-inquisitorial scale is it?)
Tribunal process
- Discuss briefly how procedural fairness is afforded in this tribunal? What is the source of this fairness (i.e. common law, statutory, regulations, Charter)?
- What are the possible outcomes of this tribunal? Does it make recommendations to another agency? Does it award damages that are enforceable by a court? Can it award other remedies?
- Where does the tribunal fall generally on the Baker scale?
- Where do you find the procedures to access to the tribunal?
- Are there Rules or other practice guides for accessing the tribunal?
Appeals
- Is there appeal process for the tribunal?
- What court has the power of judicial review for this tribunal?
- Grading:
20% – Following instructions, general formatting, spelling, and grammar
40% – Part 1 case brief – Selection of case to brief, identification and treatment of legal issues, and minimization of extraneous information.
40% – Correctness of the answers in Part 2
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