Review of Administrative Decisions for Public Complaints (5:III): Difference between revisions
From Clicklaw Wikibooks
Review of Administrative Decisions for Public Complaints (5:III) (view source)
Revision as of 01:44, 7 August 2020
, 7 August 2020→(2) Duty to Act Fairly
Line 138: | Line 138: | ||
The courts will allow tribunals considerable latitude in establishing procedures; however, procedures must be consistently followed. Where a tribunal informs an individual that a certain procedure will be followed, it will generally be considered unfair to follow a different procedure. | The courts will allow tribunals considerable latitude in establishing procedures; however, procedures must be consistently followed. Where a tribunal informs an individual that a certain procedure will be followed, it will generally be considered unfair to follow a different procedure. | ||
No one has the right to an adjournment. Tribunals generally hold their hearings within reasonable time even when their statutes have no limitation period. Nonetheless, tribunals may grant an adjournment when necessary. In deciding whether to allow an adjournment, tribunals should consider the amount of notice, the gravity of the consequences of the hearing, the degree of disclosure, and the availability of counsel. | No one has the right to an adjournment. Tribunals generally hold their hearings within a reasonable time even when their statutes have no limitation period. Nonetheless, tribunals may grant an adjournment when necessary. In deciding whether to allow an adjournment, tribunals should consider the amount of notice, the gravity of the consequences of the hearing, the degree of disclosure, and the availability of counsel. | ||
===== (3) Right to Be Heard ===== | ===== (3) Right to Be Heard ===== |