Everything about Re Residential Tenancies Act 1979 totally explained
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." 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." 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."
Subsequent 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.
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