Hayward v Forest Practices Tribunal (No 2)

In Hayward v Forest Practices Tribunal (No 2), the case before the court involved an appeal against a decision of the Forest Practices Tribunal. The appellant, Hayward, challenged the tribunal's decision which was rendered subsequent to the lodging of the appeal and before the hearing of the same. The matter was brought before the court to address the legality of the tribunal's decision, particularly in light of a proclamation by the Governor-in-Council that occurred after the appeal was lodged but before the hearing.

The primary legal issues before the court were whether the tribunal's decision was validly made, and if the subsequent proclamation by the Governor-in-Council could affect the outcome of the appeal. The court had to consider whether the tribunal's decision was rendered in a manner that complied with the relevant judicial review legislation, and if so, whether the discretion of the court to antedate orders could apply in this context.

The court held that the tribunal's decision was indeed valid, as it was made in accordance with the relevant legislation. The court further ruled that the subsequent proclamation by the Governor-in-Council did not invalidate the tribunal's decision. The court exercised its discretion under the judicial review legislation to antedate its orders to the date of the tribunal's decision, thereby ensuring that the appellant's appeal was considered on its merits. The court found that the appeal was without merit and dismissed it accordingly.

The final orders of the court were that the appeal be dismissed, and the tribunal's decision upheld. The court's antedating of its orders ensured that the tribunal's decision remained effective, and the appeal process did not result in any undue delay or disruption to the administration of the tribunal's decisions.