Kennedy v Davies

The applicant, Kennedy, sought judicial review of a decision by the Commissioner of Inquiry under the Commissions of Inquiry Order (No. 2) 2005 to decline to investigate the circumstances surrounding the death of the applicant's mother. The dispute centred around whether the Commissioner was correct in determining that the matter did not fall within his terms of reference and whether Kennedy was denied a fair opportunity to be heard on this issue.

The primary legal issue was whether the Commissioner's decision to decline jurisdiction constituted a denial of natural justice by not allowing Kennedy to be heard on whether the matters fell within the terms of reference. The court also had to consider the scope of the Commissioner's jurisdiction and whether the statutory framework provided Kennedy with an adequate opportunity to challenge the decision.

The court examined the statutory provisions and relevant case law, including Ainsworth v Criminal Justice Commission, Annetts v McCann, Cornall v AB, Dickson v Canada, and Ferguson v Cole. It was held that the Commissioner had not denied natural justice by declining to hear Kennedy on the jurisdictional issue, as the statutory framework provided a sufficient avenue for judicial review. The court found that the Commissioner's decision to decline jurisdiction was within his authority, and the statutory process for review was adequate. Therefore, the application for judicial review was dismissed.

The court dismissed Kennedy's application for judicial review and granted leave for the parties to apply in writing on the issue of costs within seven days.