SOAR/Osgoode PD Certificate in Adjudication
CONTENT SCOPE
- Due process
- Vavilov and the "non-arbitrariness" requirements of regulatory decisions
- Procedural Fairness
- Steps of a typical adjudicative process. Administrative law principles
- Hearing room set up
- Role of tribunal staff before, during, and after an oral hearing.
- Review real examples and perspectives of commission members
- Alternative Dispute Resolution
- application, evidence, review for completeness, notice, interventions, discovery, oral hearing vs. written hearing, argument, decision
- Review of Decisions
- Managing objections/difficult parties
- Questioning and witness handling
- Handling of confidential
- in camera sessions
- requests for confidentiality?
- Role of counsel? Consumer and other advocates?
- Handling complaints – private and commercial
- unrepresented litigants
- financial vs service issues
- remedies
- Degree of questions from the panel
- how administrative decision makers differ from a court
- role of regulatory policy and the inability to fetter discretion (in the context of relying on precedent), rules of evidence, and requirement for sufficient reasons (and standard of review)
- Intervenor management (keeping time, relevancy & scope) and balancing inclusivity (right to be heard) with efficiency.
- Culturally Competent Adjudication and Human Rights Considerations
- Pre-hearings such as case conferences, technical conferences and settlement conferences and how regulators can clarify objectives, ground rules, transparency and record requirements, streamlining proceedings without compromising independence or procedural fairness.
- Ensuring the sufficiency of the evidence (e.g., subpoena power, etc.)
- Adjudicative process design
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