Fair is fair: where statutory interpretation is the core issue decided upon following written and oral submissions, it is not procedurally unfair for the decision maker to rely on a particular term contained in the regulations being interpreted about which submissions were not specifically made

21. December 2021 0
Administrative law – Decisions reviewed – Business Risk Management Review Committee – Judicial review – Applications – Statutory interpretation – Legislation – Natural resources – Agriculture – Farm operations 2041219 Ontario Ltd. v. Business Risk Management Review Committee, [2021] O.J. No. 5968, 2021 ONSC 6696, Ontario Superior Court of Justice, October 21, 2021, L.G. Favreau, ...

Court confirms no breach of procedural fairness rights in party not being able to cross-examine witness when party had not specifically requested to do so

19. January 2021 0
Procedural fairness rights not breached due to applicant not having opportunity to cross-examine opposing expert when applicant did not make an express, specific application that the expert be called for cross-examination. Administrative law – Decisions reviewed – Insurance Appeal Committee – Judicial review – Procedural requirements and fairness – Natural justice – Evidence – Standard ...

The Federal Court of Appeal held that there was nothing in the Canadian Wheat Board Act (“CWBA”) which suggested that the federal government fettered the authority of the Minister of Agriculture to introduce and recommend legislation to repeal the substantive provisions of the CWBA or the Marketing Freedom for Grain Farmers Act itself

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial – Canadian Wheat Board – Natural resources – Agriculture – Government – Legislation – Judicial review –  Compliance with legislation –  Statutory interpretation – Standard of review – Correctness – Remedies – Declaratory relief  Friends of the Canadian Wheat Board v. Canada (Attorney General), [2012] F.C.J. ...

The Court of Queen’s Bench holds that the Agricultural Operations Review Board is a specialized tribunal and that its decisions ought to attract deference from a reviewing court

28. June 2011 0
Administrative Law – Agriculture – Standard of Review – Reasonableness R.J. Farms & Grain Transport Ltd. (c.o.b. RJ Game Farms) v. Agricultural Operations Review Board, [2011] S.J. No. 286, 2011 SKQB 185, Saskatchewan Court of Queen’s Bench, May 6, 2011, J.L. Pritchard J. The applicant, R.J. Game Farms, operates a large bison farm on several ...