What is the standard of review for a motion to set aside the 2004 Notice of discontinuance?

Northwest Territories, Canada


The following excerpt is from Graham v WCB, 2007 NWTSC 54 (CanLII):

The parties agreed that the 2004 decision was a nullity because of the lack of a properly constituted quorum. They agreed to a rehearing. The terms of that rehearing are in dispute but that will be discussed later. As stated in Chandler v. Alberta Association of Architects, 1989 CanLII 41 (SCC), [1989] 2 S.C.R. 848, a tribunal may always rehear a matter anew if its original decision was vitiated by an error rendering it a nullity. It does not have to wait for a court order to do so. That is what happened here. So, even if there were grounds to set aside the notice of discontinuance, there is nothing to judicially review with respect to the 2004 decision since it was a nullity. Standard of Review:

Other Questions


What is the standard of review for the challenged decisions? (Northwest Territories, Canada)
What is the applicable standard of review in a statutory appeal from an administrative tribunal or decision maker? (Northwest Territories, Canada)
Is reasonableness the applicable standard of review under s. 81.1(1) of the Health and Social Care Act? (Northwest Territories, Canada)
What is the standard of review under section 778 of the Criminal Code of Canada? (Northwest Territories, Canada)
What is the effect of the fact that the particulars of a motion were not included in a separate document? (Northwest Territories, Canada)
What is the effect of an interim order on an interim motion? (Northwest Territories, Canada)
What is the test for an application for a motion to be heard by a jury? (Northwest Territories, Canada)
Does a motion to strike out part of a statement of claim involve a single defendant? (Northwest Territories, Canada)
What is the test for judicial review of a government's interpretation of the law? (Northwest Territories, Canada)
What is the effect of delaying access to the courts for a theoretical argument? (Northwest Territories, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.