Wednesday, May 23, 2012

Sufficiency of Tribunal Decisions

Wachtler v. College of Physicians and Surgeons of Alberta, 2012 ABCA 145 is a useful decision outlining the law regarding sufficiency of reasons of a tribunal:


 [9]               The appellant’s first ground of appeal is that the reasons for decision given by the Investigating Committee and by the Council are insufficient. The Supreme Court of Canada in Newfoundland and Labrador Nurses’ Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62, makes clear that the sufficiency of reasons must be considered in the context of the more general analysis of the reasonableness of a tribunal’s decision. The question is whether the reasons reveal how and why the decision was made, and whether the decision is transparent, logical and within the range of possible legal outcomes in the circumstances.

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