The Supreme Court recently clarified the rules on the role of a tribunal on a judicial review of one of its decisions: Ontario (Energy Board) v. Ontario Power Generation Inc., 2015 SCC 44 (CanLII). The clarifications are useful for courts in deciding whether to give a tribunal standing. Professor Paul Daly has provided a useful overview of the court’s decision on the standing question. In this column, I want to focus on what the court outlined as the basic parameters of what a tribunal can say to the court, once it is given standing.
Justice Rothstein, writing for the . . . [more]