Is the Adjudicator bound by the principle of stare decisis?
Ontario, Canada
The following excerpt is from Ontario Medical Association v Ontario (Information and Privacy Commissioner), 2017 ONSC 4090 (CanLII):
I do not view the applicants’ criticism on this point to be a fair one. I first note that the Adjudicator was correct when he said that he is not bound by the principle of stare decisis. As Iacobucci J. said in Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929, at para. 14: Courts must decide cases according to the law and are bound by stare decisis. By contrast, tribunals are not so constrained. When acting within their jurisdiction, they may solve the conflict before them in the way judged to be most appropriate.
"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
When will a single judge of this court be bound by the principle of stare decisis? (Ontario, Canada)
Does the principle of corporate separateness override the equitable principles of equitable principles in the context of vicarious liability? (Ontario, Canada)
What are the principles of statutory compulsion and what are the implications of the principles set out in Soules and White? (Ontario, Canada)
Is a defamatory letter that received broad distribution bound to an employment contract bound to arbitration? (Ontario, Canada)
What exceptions exist to a decision by an adjudicator at a tribunal where the adjudicator made a clerical error? (Ontario, Canada)
What is the impact of traditional trust principles against the principles of equity underpinning fair sharing of wealth during a marriage? (Ontario, Canada)
What is the test of stare decisis? (Ontario, Canada)
Is the court bound by the principle of maximum contact with both parents? (Ontario, Canada)
What are the principles applicable to a motion to strike? (Ontario, Canada)
Is a summary judgment motion the appropriate vehicle for adjudication of claims arising from a failed real estate deal like this? (Ontario, Canada)
