|
Nicholson V. Haldimand-Norfolk Reg. Police Commrs.
''Nicholson v Haldimand-Norfolk Reg Police Commrs'', 9791 SCR 311, is a leading decision of the Supreme Court of Canada in Canadian administrative law. The decision was a landmark reform of administrative law, in which the Court significantly increased the degree of court intervention on procedural grounds. The Court stated that procedural fairness exists on a continuum and that parties are entitled to a certain degree of it based on the setting and their circumstances. Prior to this decision, procedural fairness only applied to tribunals that were classified as "judicial" or "quasi-judicial". Background Nicholson was employed for a period of 15 months by the regional police of Haldimand County when he was terminated without any reason given. The employer claimed that the ''Police Act'' allowed them to dismiss him at will, as he was still within an 18-month probationary period of employment. Nicholson, however, argued that he had a common law right to be treated fairly and be not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Administrative Law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada. That is, the law concerns the manner in which courts can review the decisions of administrative decision makers such as a board, tribunal, commission, agency, or Crown minister, while exercising ministerial discretion. Administrative law is concerned primarily with the legality of administrative decision making and with issues of procedural fairness (rights for those affected by the decision to participate in the decision making process). Administrative law concerns the interpretation of statutes and rules of government operations. Courts, when applying administrative law, look to ensure that administrative or governmental actors and bodies observe and act within the legal limits on their authority. Sources of law The powers of an administrative decision-maker ("ADM") are primarily created by statute, which is known as the "enabling sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procedural Fairness
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the State (polity), state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the Executive (government), executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quasi-judicial Body
A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, that can be a public administrative agency but also a contract- or private law entity, which has been given powers and procedures resembling those of a court of law or judge, and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties.''West's Encyclopedia of American Law'', edition 2. Copyright 2008 The Gale Group, Inc. Powers Such bodies usually have powers of adjudication in such matters as: * breach of discipline * conduct rules * trust in the matters of money or otherwise Their powers are usually limited to a very specific area of expertise and authority, such as land use and zoning, financial markets, employme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Haldimand County
Haldimand County is a rural city-status single-tier municipality on the Niagara Peninsula in Southern Ontario, Canada, on the north shore of Lake Erie, and on the Grand River. Despite its name, it is no longer a county by definition, as all municipal services are handled by a single level of government. Municipal offices are located in Cayuga. The county is adjacent to Norfolk County, the County of Brant, the City of Hamilton, and the Regional Municipality of Niagara. History Haldimand's history has been closely associated with that of neighbouring Norfolk County. Upper Canada was created in 1791 by being separated from the old Province of Quebec, Haldimand was created in 1798 as part of the Niagara District. It was named after Sir Frederick Haldimand, the governor of the Province of Quebec from 1778 to 1785. In 1844, the land was surrendered by the Six Nations to the Crown in an agreement that was signed by the vast majority of Chiefs in the Haldimand tract. From 1974 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probationary Period
In a workplace setting, probation (or a probationary period) is a status given to new employees and trainees of a company, business, or organization. This status allows a supervisor, training official, or manager to evaluate the progress and skills of the newly-hired employee, determine appropriate assignments, and monitor other aspects of the employee such as honesty, reliability, and interactions with co-workers, supervisors, or the public. Probation is often done in companies and businesses, but similar programs are also done in other organizations such as churches, associations, clubs, or orders, where members must gain experience before becoming full-fledged members.Methodist Church of Great BritainProbationers accessed 23 July 2021 Similar practices can be seen in emergency services, using programs such as a field training program (also called probation). A probationary period varies widely depending on the organization, but can last anywhere from 30 days to several year ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ridge V Baldwin
''Ridge v Baldwin'' 964AC 40 was a UK labour law case heard by the House of Lords. The decision extended the doctrine of natural justice (procedural fairness in judicial hearings) into the realm of administrative decision making. As a result, the case has been described as "the landmark case" that opened up decisions taken by the UK executive to judicial review in English law. Facts The Brighton police authority dismissed its Chief Constable (Charles Ridge) without offering him an opportunity to defend his actions. The Chief Constable appealed, arguing that the Brighton Watch Committee (headed by George Baldwin) had acted unlawfully (''ultra vires'') in terminating his appointment in 1958 following criminal proceedings against him. Ridge also sought financial reparation from the police authority; having declined to seek reappointment, he sought a reinstatement of his pension, to which he would have been entitled with effect from 1960 had he not been dismissed, plus damages, or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Baker V
A baker is a tradesperson who baking, bakes and sometimes Sales, sells breads and other products made of flour by using an oven or other concentrated heat source. The place where a baker works is called a bakery. History Ancient history Since grains have been a staple food for millennia, the activity of baking is a very old one. Control of yeast, however, is relatively recent.Wayne Gisslen, ''Professional Baking'' (4th ed.: John Wiley & Sons, 2005), p. 4. By the fifth and sixth centuries BCE, the Ancient Greek civilization, ancient Greeks used enclosed ovens heated by wood fires; communities usually baked bread in a large communal oven. Greeks baked dozens and possibly hundreds of types of bread; Athenaeus described seventy-two varieties. In ancient Rome several centuries later, the first mass production of breads occurred, and "the baking profession can be said to have started at that time." Ancient Roman bakers used honey and oil in their products, creating pastries rathe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
