Administrative Law and Tribunal Practice
Core concepts
Administrative law governs tribunals, boards, and agencies. Know procedural fairness: notice, disclosure, an opportunity to respond, an impartial decision-maker, and reasons where required. The Statutory Powers Procedure Act supplies default procedures for Ontario tribunals. Distinguish appeals from judicial review. On judicial review, courts generally defer on questions within the tribunal's expertise and assess reasonableness, while correctness remains for some jurisdictional or constitutional questions. Standing, mootness, and exhaustion of remedies matter. A privative clause signals deference but does not eliminate fairness review.
Traps
Do not assume every tribunal must hold an oral hearing; fairness is context-specific. Bias is tested by whether a reasonable, informed person would apprehend bias, not by whether the decision-maker was actually biased. A tribunal's failure to give reasons is not always fatal, but it may be a fairness breach if the decision is unintelligible or the party cannot understand it. Judicial review is not an appeal on the merits. Missing short deadlines can end the case.
Worked example
A tribunal refuses an adjournment on the day of hearing because the party's witness is absent, then decides against the party without considering the witness's written statement. Consider procedural fairness: was there notice, a real opportunity to respond, and a reasoned decision? If the refusal caused prejudice and no reasons were given, a fairness argument is stronger.
Rule of thumb
Before judicial review, ask: did the party have notice, disclosure, a fair opportunity, an impartial decision-maker, and adequate reasons? If yes, the dispute is likely about substance, not fairness.