Leaving aside that the present decision as to registration, by section 14.2(7) of the Act, is final and conclusive, there is also the application of the concept of functus officio once the Registrar has made a decision on a protest. By way of explanation, once an administrative tribunal has made a final decision in respect of a matter before it pursuant to its enabling statute, the decision cannot be re-visited by reason of a change of mind, an error within jurisdiction, or a change of circumstances: here see Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848 at 861. There Mr Justice Sopinka, delivering the majority judgment, went on to say that an administrative tribunal can only re-open a matter if authorised by statute or where there had been a slip in drawing up a judgment or an error in expressing the manifested intention of the tribunal. Granted Mr Justice Sopinka went on, at page 862, to allow some flexibility in the application of the principle functus officio to administrative tribunals, but that any more relaxed approach, leading to re-opening a matter, was dependent upon implications in enabling statute that might allow the decision to be re-opened. Nor should the principle be applied slavishly where tribunal fails to dispose of issue, fairly raised n the proceeding and within the jurisdiction of the tribunal, for then the tribunal ought to be allowed to complete its statutory task: see page 862.
"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.