The Discipline and Appeals Committees’ Rules of Practice provide for book of authorities. Some cases are cited frequently in Tribunal proceedings. To assist parties and reduce costs, the Discipline and Appeals Committees has developed an Adjudicators’ Book of Authorities containing frequently cited cases. A party relying on any case included in the Adjudicators’ Book of Authorities need not reproduce that case in its book of authorities. In written and oral argument, parties should refer to the citation and tab number of the case in the Adjudicators’ Book of Authorities, and the paragraph number(s) relied upon.
The Adjudicators’ Book of Authorities is posted on the RECO website at www.reco.on.ca, under Enforcement. It is available to all adjudicators and a hard copy is available in the hearings room.
The Adjudicators’ Book of Authorities is meant to facilitate the hearing process by relieving parties of the need to copy or file frequently cited cases. It is not a complete list of relevant cases or a statement of law.
Cases are added to and deleted from the Adjudicators Book of Authorities from time to time. Any questions or comments concerning the Book of Authorities, including recommendations for additions to or deletions from the list, should be directed in writing to the Manager, Discipline and Appeals Hearings at hearings@reco.on.ca. The parties remain responsible for making copies of all other authorities to which they wish to refer. Parties are asked to make all books of authorities double-sided.
The cases in question appear on this list under various headings or topics which are not in any way intended to provide legal advice.
| Case | Issue |
|---|---|
| Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, [2011] 3 S.C.R. 654 | Standard of review in administrative law |
| Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817, 1999 CanLII 699 (SCC) | Procedural fairness |
| Brown v. Dunn, (1893) 6 R 67 | Impeachment of credibility of witness |
| Canada (Attorney General) v. Mavi, [2011] 2 SCR 504, 2011 SCC 30 (CanLII) | Procedural fairness |
| Discipline and Appeals Committees Rules of Practice (amended March 2, 2015) | Legislation / Rules of Practice |
| Dunsmuir v. New Brunswick, [2008] 1 SCR 190, 2008 SCC 9 (CanLII) | Standard of review in administrative law |
| F.H. v. McDougall, [2008] 3 SCR 41, 2008 SCC 53 (CanLII) | Standard of proof in administrative tribunals |
| Housen v. Nikolaisen, [2002] 2 SCR 235, 2002 SCC 33 (CanLII) | Standard of review in appeals of judges’ orders |
| Jaswal v. Medical Board (Nfld.), 1996 CanLII 11630 (NL SCTD) | Factors in determining penalty orders |
| Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board), [2011] 3 SCR 708, 2011 SCC 62 (CanLII) | Adequacy of reasons in administrative law cases |
| Ontario Regulation 567/05 – General | Legislation / Rules of Practice |
| Ontario Regulation 580/05 – Code of Ethics | Legislation / Rules of Practice |
| R. v. Conway, [2010] 1SCR 765, 2010 SCC 22 (CanLII) | Jurisdiction of tribunals to determine questions of constitutional law |
| R. v. S. (R.D.), [1997] 3 SCR 484, 1997 CanLII 324 (SCC) | Reasonable apprehension of bias |
| Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C | Legislation / Rules of Practice |
| Registrar under the Real Estate and Business Brokers Act, 2002 v. Suzette Thompson, May 31, 2012 | Factors in determining penalty orders |
| Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 | Legislation / Rules of Practice |
| Vanderburg v. Real Estate Council of Ontario, 2007 CanLII 29981 (ON SCDC) | Standard of review in administrative law |
The cases in question appear on this list under various headings or topics which are not in any way intended to provide legal advice.
| Issue | Case |
|---|---|
| Adequacy of reasons in administrative law cases | Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board), [2011] 3 SCR 708, 2011 SCC 62 (CanLII) |
| Factors in determining penalty orders | Jaswal v. Medical Board (Nfld.), 1996 CanLII 11630 (NL SCTD) |
| Factors in determining penalty orders | Registrar under the Real Estate and Business Brokers Act, 2002 v. Suzette Thompson, May 31, 2012 |
| Impeachment of credibility of witness | Brown v. Dunn, (1893) 6 R 67 |
| Jurisdiction of tribunals to determine questions of constitutional law | R. v. Conway, [2010] 1SCR 765, 2010 SCC 22 (CanLII) |
| Legislation / Rules of Practice | Discipline and Appeals Committees Rules of Practice (amended March 2, 2015) |
| Legislation / Rules of Practice | Ontario Regulation 567/05 – General |
| Legislation / Rules of Practice | Ontario Regulation 580/05 – Code of Ethics |
| Legislation / Rules of Practice | Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C |
| Legislation / Rules of Practice | Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 |
| Procedural fairness | Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817, 1999 CanLII 699 (SCC) |
| Procedural fairness | Canada (Attorney General) v. Mavi, [2011] 2 SCR 504, 2011 SCC 30 (CanLII) |
| Reasonable apprehension of bias | R. v. S. (R.D.), [1997] 3 SCR 484, 1997 CanLII 324 (SCC) |
| Standard of proof in administrative tribunals | F.H. v. McDougall, [2008] 3 SCR 41, 2008 SCC 53 (CanLII) |
| Standard of review in administrative law | Dunsmuir v. New Brunswick, [2008] 1 SCR 190, 2008 SCC 9 (CanLII) |
| Standard of review in administrative law | Vanderburg v. Real Estate Council of Ontario, 2007 CanLII 29981 (ON SCDC) |
| Standard of review in appeals of judges’ orders | Housen v. Nikolaisen, [2002] 2 SCR 235, 2002 SCC 33 (CanLII) |
| Standard of review in administrative law | Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, [2011] 3 S.C.R. 654 |