Saturday, February 27, 2016

Administrative Law in Canada by Sara Blake: The Need for a Quorum

The Need for a Quorum:

   A quorum prescribes the minimum number of members of the tribunal who are required to hear a case.

   Where a quorum is prescribed by statute or regulation, a hearing by fewer than that number is invalid and a decision is void.  If one member dies, becomes too ill to continue, or is removed from the panel, leaving no quorum, the remaining members may not continue with the hearing.  They cannot continue even if the absent member is replaced, because the replacement has not heard the evidence presented before he or she joined the panel.  A new panel must commence the hearing anew. Similarly, if the tribunal is constituted by a single person who is unable to complete the proceeding, the replacement must start the proceeding anew.  Lack of a prescribed quorum cannot be waived by the parties.  However, a change in the panel members part way through a hearing may be waived.  (at p.52-53)


*Administrative Law in Canada by Sara Blake - published by Butterworths, Counsel with the Ministry of the Attorney General for Ontario.

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