Can an administrative entity dispose of a matter by one or more specified remedies or by alternative remedies?
Canada (Federal), Canada
The following excerpt is from Aqil v. Canada (Citizenship and Immigration), 2008 CanLII 76454 (CA IRB):
“If, however, the administrative entity is empowered to dispose of a matter by one or more specified remedies or by alternative remedies, the fact that one is selected does not entitle it to re-open proceedings to make another or further selection.” Chandler v. Alberta Association of Architects 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848; (1989), 62 D.L.R. (4th) 577 (S.C.C.) p. 596.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a failure to exhaust administrative remedies a bar to federal subject matter jurisdiction? (MultiRegion, United States of America)
When a statute or agency rule demands exhaustion of administrative remedies, does the federal court have jurisdiction to order the exhaustion of remedies? (MultiRegion, United States of America)
Can a plaintiff bring an action in an administrative proceeding against Arnold for failing to exhaust his administrative remedies? (MultiRegion, United States of America)
What is the standard of review applicable to the subject matter jurisdiction under the Food Safety Administration Act? (MultiRegion, United States of America)
Can damages be sought under a statute with an explicit private right of action where the statute does not specify the remedies available? (MultiRegion, United States of America)
Is the term "administrative service" appropriate to be used as an administrative term? (Canada (Federal), Canada)
What is the burden of proving that a plaintiff has exhausted all available administrative remedies? (MultiRegion, United States of America)
What is the impact of a decision-maker bypassing administrative decision-makers on a constitutional matter such as this? (Canada (Federal), Canada)
Is a prison's administrative review system required to provide a written notification of a matter to the Department of Justice? (MultiRegion, United States of America)
Is a failure to exhaust available administrative remedies a bar to judicial review of an action? (MultiRegion, United States of America)
