Larger concepts for law

Some examples of areas where administrative law impacts our lives

• Medical boards

• School boards

• Immigrant and Refugee board

• Energy boards

Defences for Negligence

1. Contributory Negligence

2. Consent

3. Illegality

advantages of administrative agencies

1. speeds things up (government can respond quicker and more efficiently)

2. specialization (expertise produces better decisions, increasing credibility of the government)

five dimensions of innovation

1. Institutional Environment

2. Leadership

3. Organizational Resources

4. Cooperative Relations

5. Innovative Behaviour

Examples of Innovation in Justice

• Bail program

• Zoom hearings

• E-filing of Court Documents

• Legal Aid

• Mental Health Diversion

Five dimensions of proximity

1. Geographical

2. Social

3. Cognitive

4. Institutional

5. Organizational

Types of Delegation

1. Basic

2. Cross

3. Inter

4. Sub

Three Delegated Powers

1. Legislative functions

2. Administrative or executive functions

3. Quasi-judicial functions

Two ways to challenge administrative decisions in court

1. On appeal

2. Judicial review

Grounds for review of an Administrative decision

1. Substantive review

2. Review of discretionary decisions

3. Procedural review

Types of Rules

1. Substantive

2. Procedural

Possible remedies for errors made by administrative bodies

• Quash or overturn an administrative body’s decision

• Order the administrative body not to proceed with an action

• Requiring the administrative body to proceed with an action

• Ordering a public official to give up their office because they were improperly appointed

• Order a prisoner or other detainee brought before the court to determine if the person's imprisonment or detention is lawful

R v Vavilov

Vavilov was born in Toronto and his parents were arrested in the U.S. and were sent back to Russa as spies. When he tried to renew his passport he was told he needed to prove citizenship. The registrar of citizenship said it was a mistake that he had been given citizenship at birth. He challenged the decision based on the citizenship act.

Standard of Proof for Civil Claims

Need to prove allegations on a balance of probabilities (prove that they are more likely to be true than not)

Standard of Proof for Criminal

Evidence proving that the person charged has committed the crime beyond a reasonable doubt

Tort Law

Deals with certain types of wrongful conduct and the remedies available to those affected by that conduct and the remedies available to those most affected by the conduct

Four categories of Tort Law

1. intentional torts

2. negligence

3. strict liability torts

4. a miscellaneous group

Intentional Interferences with Persons or Property

• Trespass-to-person (Assault&Battery)

• False imprisonment

• Trespass to land

• Trespass to goods

Defences to Intentional Torts

1. Consent

2. Self-defence

3. Legal authority

4. Lack of capacity