What is the test for reconsideration of a decision of an adjudicator?
Ontario, Canada
The following excerpt is from E.E v Aviva Insurance Company, 2018 CanLII 76415 (ON LAT):
I am not satisfied that the adjudicator made a significant error of law or fact. Trial judges are owed deference on findings of mixed fact and law, absent an overriding and palpable error: Housen v. Nikolaisen, [2002] 2 S.C.R. 231. The same principle could be applied on a reconsideration of the decision of an adjudicator. In this matter, there was evidence upon which the adjudicator could conclude that the services were rendered, to the extent claimed, in exchange for a promise of payment. Accordingly, I would not grant the request for reconsideration on this ground. Did the adjudicator err in allowing payment for overnight supervision?
"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
What exceptions exist to a decision by an adjudicator at a tribunal where the adjudicator made a clerical error? (Ontario, Canada)
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
What is considered a final decision on an interim decision? (Ontario, Canada)
Does a decision under judicial review need to relate to a specific power or right to make the very decision in issue? (Ontario, Canada)
If the father is dilatory and dilatory in making decisions about vaccines, what is the impact of the father's health decision-making? (Ontario, Canada)
What is the test for overturning a decision of the administrative decision maker? (Ontario, Canada)
What is the threshold requirement for an aggrieved party to bring a motion for a reconsideration of a decision made by the Respondent Father? (Ontario, Canada)
What is a reasonable decision for a tribunal to make a decision on a motion for sexual assault? (Ontario, Canada)
Is a panel's decision not to amend or amend a decision made by the original panel? (Ontario, Canada)
Can a Minister make a decision that is a purely ministerial decision consistent with minimal procedural fairness? (Ontario, Canada)
