PLBA 206 Lecture Notes - Lecture 11: National Energy Board, Ouster Clause, Patently Unreasonable
28 Feb 2016
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Provincial tribunal decision application to the ontario divisional court: governed by judicial review procedure act, r. s. o. Stopping the tribunal from proceeding (e. g. apprehension of bias) - Compelling the tribunal to proceed as duty to hear the case mandamus. When the divisional court reviews a decision of a tribunal: have to consider how much deference/ respect to give the tribunal decision, correctness standard [low deference or respect] Whether the decision is unreasonable: even if the decision is incorrect in the eyes of the divisional court, they will not intervene or quash the decision unless it is unreasonable. e. g. misapprehension of the evidence. Court might think that is incorrect, but maybe not unreasonable: the tribunal members have certain special knowledge and there is some impact on the public. Landlord and tenant: renting increases (knowledge of building code) Similar buildings may have similar increases: (very) patent unreasonableness [high deference or respect] Promoted shares in a company based on ___ deposits.
