A Guide for Tribunals: Stated Cases
The Stated Case process can be used by certain tribunals to refer questions of law to the BC Supreme Court. Those tribunals are the Labour Relations Board and the Securities Commission (under section 43 of the Administrative Tribunals Act) and the Employment Standards Tribunal, the Farm Industry Review Board and the Human Rights Tribunal (under section 45 of the Administrative Tribunals Act).
This Guide is intended to provide information to those tribunal chairs, members and staff about the concept of and process for Stated Cases, and may be of interest to lawyers and the public.
The Guide is organized into three parts:
Part 1 describes Stated Cases generally.
Part 2 explains the role of the tribunal in the Stated Case process. It is intended for the use of tribunals and includes a number of sample letters and forms that may be adapted by tribunals for their own use, if they choose.
Part 3 can be used by tribunals as a model from which to create an Information Bulletin for parties about Stated Cases.
The Stated Case Guide is intended as general information only and is not intended to be legal advice. This Guide was updated in October, 2007 to reflect the new Court Rule 33A for Stated Cases. It will be further updated as may be required. Any comments on how it can be improved are welcome and can be sent to the Administrative Justice Office.
