Written for both paralegal and court tribunal agent college courses, more than half of this administrative law text is devoted to advocacy. Students will learn the procedures they need to know in order to prepare and successfully argue cases before administrative tribunals. The different functions and characteristics of various tribunals under municipal, provincial, and federal legislation are described, and the rules of evidence, as applicable in an administrative law context, are explained. Administrative law principles, such as procedural fairness and reasonable apprehension of bias are made simple, with straightforward language and practical examples. Summaries of key cases have been added at the end of many chapters to further illustrate legal concepts and to be used as a jumping-off point for student research projects. The author, John Swaigen, has also written several books on environmental issues.
New to this Edition
New chapter discusses the Charter of Rights and Freedoms and its application in the context of administrative tribunals: Who is protected by the Charter and what are the available remedies?
New chapter devoted to Human Rights Codes explains the quasi-constitutional status of these codes and common scenarios where the Codes come into play such as workplace harassment, the duty to accommodate disabilities, and discrimination.
Expanded coverage of individual tribunals provides legislative background, overviews of mandates, administrative procedures, and invaluable practice tips for the:
Canadian Human Rights Commission and the Canadian Human Rights Tribunal
Financial Services Commission of Ontario
Ontario Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal
Municipal Property Assessment Corporation and the Assessment Review Board
Landlord and Tenant Board
Social Benefits Tribunal
Patented Medicine Prices Review Board
Updated and expanded Instructor's Guide provides comprehensive
answers to all Review Questions, Exercises, and Fact Scenarios
presented in the text.
Written for both undergraduate and post-graduate administrative law, paralegal, and court and tribunal agent college courses.
Provides students with a solid understanding of the rationale behind, and the practical application of, the rules of natural justice and the fairness principles.
Incorporates a wealth of material on advocacy and offers clear direction on the steps in this intimidating process.
Details the procedures of tribunal hearings, including the presentation of evidence.
Provides examples of tribunals under municipal, provincial, and federal legislation, and describes their unique functions and characteristics.
Describes the Canadian legal system, and the role administrative tribunals play.
Offers definitions and examples of legal terminology relating to the many administrative tribunal processes.
Enables students, upon completion of this text, to properly and competently assist in an administrative tribunal hearing.
Includes summaries of key cases, to provide context for important legal concepts to be used as a jumping-off point for student research projects.
Includes clear learning objectives and end-of-chapter review questions, as well as exercises and scenarios.
About the Author
John Swaigen (1944 - ) is a lawyer and author in Ontario, Canada. Swaigen received a BA from the University of Toronto, and a LLB and LLM from Osgoode Law School. Since being called to the Ontario Bar in 1974, John Swaigen has served as Director of Quality Assurance at the Ontario Legal Aid Plan, Chair of Ontario’s Environmental Appeal Board, Research Associate at the Institute for Environmental Law and Policy, Counsel for the Municipality of Metropolitan Toronto and the Ontario Ministry of the Environment, General Counsel to the Canadian Environmental Law Association and Legal Counsel in the Office of Information and Privacy Commissioner/Ontario. Swaigen has served on several boards of directors, including the Sierra Legal Defence Fund and the Canadian Environmental Defence Fund. He has written books and articles on environmental law.
