Re Residential Tenancies Act, 1979
- Re Residential Tenancies Act, 1979
SCCInfoBox
case-name=Reference re Residential Tenancies Act
full-case-name=Reference re Residential Tenancies Act
heard-date=November 25, 26, 1980
decided-date=May 28, 1981
history=
ruling=
ratio=
SCC=1980-1982
Majority=Dickson J.
"Reference re Residential Tenancies Act", [1981] 1 S.C.R. 714 is a leading Supreme Court of Canada decision of the jurisdiction of superior courts provided by section 96 of the "Constitution Act, 1867". The Court formulated a three step test for determining whether an administrative body was encroaching upon the jurisdiction of the superior courts.
Justice Dickson, writing for the majority, suggested the test. First, it must be determined "whether the power or jurisdiction conforms to the power or jurisdiction exercised by superior, district or county courts at the time of Confederation." [p. 734] Second, step asks "whether the function itself is different when viewed in that setting. In particular, can the function still be considered to be a 'judicial' function." ["ibid."] In the third step, asks to "review the tribunal's function as a whole in order to appraise the impugned function in its entire institutional context." [p. 735]
ubsequent case law
The test was later applied in "Massey-Ferguson Industries v. Govt. of Sask.", [1981] 2 S.C.R. 413, and eventually modified in "Sobeys Stores v. Yeomans", [1989] 1 S.C.R. 238.
ee also
* List of Supreme Court of Canada cases (Laskin Court)
Notes
External links
*
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