The Reallocation of Disputes From Courts to Administrative Agencies

in Rethinking Civil Justice: Research Studies for the Civil Justice Review, Volume 1 (Toronto: Ontario Law Reform Commission, 1996) 347-379.

33 Pages Posted: 1 Mar 2014 Last revised: 14 Mar 2015

See all articles by Martha Jackman

Martha Jackman

University of Ottawa - Common Law Section

Date Written: 1996

Abstract

This research paper, commissioned by the Ontario Civil Justice Review, explores whether administrative agencies may, because of institutional characteristics particular to them, provide a better forum for dealing with certain types of civil disputes. The first part of the paper examines the possible reasons for favouring administrative agencies over courts for resolving civil disputes. Part 2 considers factors limiting the effectiveness of administrative agencies as alternatives to the courts, including the constraints imposed by section 96 of the Constitution Act, 1867, the increasing judicialization of the administrative process, and problems relating to the authoritativeness of administrative decision-making. Part 3 develops a set of criteria for identifying specific types of disputes that might be more effectively resolved through an administrative structure. On the basis of these criteria, part 4 examines residential tenancies as an area of dispute which could potentially be reallocated from the courts to an administrative agency, as well as the measures required to make such a transfer of responsibility feasible and justified.

Keywords: Ontario Civil Justice Review, civil, administrative, courts, institutions, law, 96, constitution, 1867, dispute, tenant

Suggested Citation

Jackman, Martha, The Reallocation of Disputes From Courts to Administrative Agencies (1996). in Rethinking Civil Justice: Research Studies for the Civil Justice Review, Volume 1 (Toronto: Ontario Law Reform Commission, 1996) 347-379.. Available at SSRN: https://ssrn.com/abstract=2315799 or http://dx.doi.org/10.2139/ssrn.2315799

Martha Jackman (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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