Exploring the Growth of Active Adjudication

  • 04 février 2015

PURCHASE

Publication | Archived Video

DESCRIPTION

Many tribunals operate somewhere between the adversarial and inquisitorial models of adjudication. Particularly in light of the number of self-represented parties appearing before them, tribunal members are increasingly becoming more involved in the tribunal process, along a spectrum of "active adjudication". What is active adjudication, and how is it being practiced by federal and provincial tribunals today? What do you need to know to represent your clients effectively before decision-makers using this approach? Hear from tribunal members and practitioners about their experiences with active adjudication, and delve into the intricacies of this evolving reality in administrative law.

PROGRAM CHAIRS

Diane Janisse, Legal Aid Ontario Clinic Resource Office
Edgar-André Montigny, ARCH Disability Law Centre

TABLE OF CONTENTS

"Introduction", Chapter 1 in The Nature of Inquisitorial Processes in Administrative Regimes: Global Perspectives
Professor Laverne Jacobs, University of Windsor, Faculty of Law
Professor Sasha Baglay, University of Ontario Institute of Technology

"Administrative Justice and Innovation: Beyond the Adversarial/
Inquisitorial Dichotomy", Chapter 4 in The Nature of Inquisitorial Processes in Administrative Regimes: Global Perspectives

Samantha Green, Fogler Rubinoff LLP
Dean Lorne Sossin, Osgoode Hall Law School

The Successes and Challenges of Practicing Active Adjudication Within a Tribunal
Margot Ballagh, Vice Chairperson (General Division - Income Security Section), Social Security Tribunal

The Active Adjudicator: Counsel and Adjudicator Perspectives
Mark Hart, Vice-Chair, Human Rights Tribunal of Ontario

Techniques of Active Adjudication and Cheat Sheet
Freya Kristjanson, Cavalluzzo Shilton McIntyre Cornish LLP
Andrew Pinto, Pinto Wray James LLP
Usman M. Sheikh, Bennett Jones LLP

Selection of Articles and Examples
Submitted by Freya Kristjanson, Cavalluzzo Shilton McIntyre Cornish LLP