''Reference Re Residential Tenancies Act (Ontario)'',
981
Year 981 ( CMLXXXI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar.
Events
Births
* Abu'l-Qasim al-Husayn ibn Ali al-Maghribi, Arab statesman (d. 1027)
* Giovanni Orseolo, Venetian ...
1 S.C.R. 714 is a leading
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, wh ...
decision on the jurisdiction of
superior court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
s provided by section 96 of the ''
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
''. The Court formulated a three-step test for determining whether an administrative body was encroaching upon the jurisdiction of the superior courts.
Test formulated by Court
Justice Dickson, writing for the majority, suggested the test.
# Firstly, it must be determined "whether the power or jurisdiction conforms to the power or jurisdiction exercised by superior, district or county courts at the time of Confederation."
# Secondly, the test asks "whether the function itself is different when viewed in that setting. In particular, can the function still be considered to be a 'judicial' function."
# Thirdly, the test asks the court to "review the tribunal's function as a whole in order to appraise the impugned function in its entire institutional context."
[p. 735]
In this case, it was determined that Ontario's Residential Tenancies Act was not valid provincial legislation.
Subsequent case law
The test was later applied in ''Massey Ferguson Industries v. Govt. of Sask.'',
981
Year 981 ( CMLXXXI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar.
Events
Births
* Abu'l-Qasim al-Husayn ibn Ali al-Maghribi, Arab statesman (d. 1027)
* Giovanni Orseolo, Venetian ...
2 S.C.R. 413, and eventually modified in ''
Sobeys Stores v. Yeomans'',
9891 S.C.R. 238.
See also
*
List of Supreme Court of Canada cases (Laskin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Bora Laskin in 1973 as Chief Justice to his death in office in 1984. Laskin was the first Chief Justice to hear cases under the Charter ...
Notes
External links
*
Canadian constitutional case law
Supreme Court of Canada cases
1981 in Canadian case law
Landlord–tenant law
Supreme Court of Canada reference question cases
Real property law of Canada
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