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person or company causes to another, independent of any contractual relationship between them. - a tort can either be a deliberate or a negligent action. -To establish a tort of negligence: the plaintiff (the party suing) must show that (1) the defendant owed the plaintiff a duty of care(2) the defendant breached that duty(3) the plaintiff suffered foreseeable damages as a result. -Another example of tort law – tort of defamation -In a successful tort action, damages are awarded to the plaintiff for losses suffered as a result of the defendant’s conduct. Administrative tribunals have been established to make decisions in specialized areas, such as employment standards or discrimination. - in employment law, administrative tribunals have primary jurisdiction over most matters. -The main exception is the common law of wrongful dismissal, where disputes are heard in the traditional court system. - Tribunals act in quasi-judicial manner, meaning that they observe the rules of procedural fairness and provide a full hearing, but they are less formal than courts, and their members are experts in employment matters. - Although administrative tribunals are technically subordinate to the courts, appeals to the courts from their decisions are usually limited by statute in a provision called a primitive clause.-However, primitive clauses do not displace the jurisdiction of the courts entirely and courts may also overturn a tribunal’s decision if it exceeded its jurisdiction, showed bias, or denied a party natural justice (Gilbert et al., 2000)- A request to a court to review the decision of an administrative tribunal is called an applicationfor judicial review. - The court will overturn a decision based on questions of fact or applying the facts to the law if the decision was “unreasonable” (not simply incorrect)
- SCC Dunsmuir v. New Brunswick – a decision will be found to be unreasonable only if it falls outside a “range of possible, acceptable outcomes which are defensible in respect of the facts and law. The reviewing court does not have to agree with the tribunal’s decision as long as it is justifiable and supported with reasoning” this is a very differential standard of review that recognizes the experience and expertise of specialized administrative bodies and the authority conferred on them by the legislature. - however for those relatively few cases that turn on a question of law that is outside the tribunal’s area of expertise, such as constitutional law, reviewing courts will apply the “correctness”standard. This means that the court will substitute its own view if it does not agree with the tribunal’s result.Below tribunals in the administrative hierarchy are administrative agencies empowered to investigate complaints, make rulings, and sometimes issue orders. These agencies, or commissions, usually issue policy guidelines and have an educational role in furthering the goalsof a statute. (e.g. the Ontario Human Rights Commission plays a key role in educating the public about human rights issues).