Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses competing statutes and conflicting tribunals.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
As the law expands to include more administrative tribunals, we run into the situation where the administrative work done by one tribunal conflicts with the administrative work done by another tribunal.
In the case of Alex Gilmor who had a property dispute and sought relief from two separate tribunals, the law from one tribunal clashed with that of another tribunal. Gilmor proceeded to ask the Supreme Court of Canada about what exactly happens when there are these types of conflicts between tribunals and who can take final jurisdiction over any of the subject matter that conflicts between them.
Unfortunately, the Supreme Court of Canada did not answer these questions or set the record straight on how similar disputes between tribunals would be resolved, which is only going to raise a lot more conflict in the future.
Watch the video for more.
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