Re Residential Tenancies ACT, 1979

Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Reference re Residential Tenancies Act, [1981] 1 S.C.R. 714 is a leading Supreme Court of Canada decision on the jurisdiction of superior courts provided by section 96 of the Constitution Act, 1867. The Court formulated a three step test for determining whether an administrative body was encroaching upon the jurisdiction of the superior courts. Justice Dickson, writing for the majority, suggested the test. 1. Firstly, it must be determined "whether the power or jurisdiction conforms to the power or jurisdiction exercised by superior, district or county courts at the time of Confederation." 2. Secondly, the test asks "whether the function itself is different when viewed in that setting.