being a paralegal in ontario, you are appointed as a part-time board member at an administrative tribunal. In the process of writing your first reserved decision, you come across new case law on a topic not raised by the parties but that you feel is relevant to the case. Can you rely on this new legal authority? (3 marks)
Question
being a paralegal in ontario, you are appointed as a part-time board member at an administrative tribunal. In the process of writing your first reserved decision, you come across new case law on a topic not raised by the parties but that you feel is relevant to the case. Can you rely on this new legal authority? (3 marks)
Solution
Yes, as a paralegal in Ontario, you can rely on this new legal authority even if it was not raised by the parties. Here are the steps explaining why:
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Duty to be Fair: As a member of an administrative tribunal, you have a duty to be fair and impartial. This includes considering all relevant information, even if it was not specifically brought up by the parties involved.
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Legal Research: In the process of writing a reserved decision, it is your responsibility to conduct thorough legal research. If you come across new case law that is relevant to the case, it is within your purview to consider it.
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Disclosure: However, before you can rely on this new legal authority, you must disclose it to the parties and give them an opportunity to comment on it. This is to ensure that the parties are not blindsided and that they have a chance to present their arguments in light of the new information.
So, while you can rely on the new legal authority, you must ensure that you follow the principles of natural justice and procedural fairness by disclosing the new case law to the parties involved.
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