D’Saint v Manitoba (The Office of the Commissioner for Adults Living with an Intellectual Disability)

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca73, 2026 mbca 73 (canlii), 2026, mbca, 73, (canlii), ai25-30-10230, 2026, administrative law, statutory decision maker, statutory appeal, the adults living with an intellectual disability act appeal from commissioner, de novo hearing before application judge under s. 155, commissioner’s limited role before the court, providing record and submissions on scheme, variation order requiring meeting and visitation schedule set aside, appeal allowed, variation order struck, statutory interpretation, jurisdiction on statutory appeal, the adults living with an intellectual disability act, ss. 156, 157, whether court may “vary” beyond what commissioner could have made, meaning of s. 156(1)(b) limiting court to decisions commissioner could have made, harmonised with s. 157 deeming court order a commissioner decision, variation order beyond statutory jurisdiction, variation order struck, administrative law, procedural fairness, institutional role, whether order compromised commissioner’s independence and impartiality, commissioner described as quasi, judicial, core function adjudicative, variation order required commissioner to participate in cooperative decision, making with parties, overlapping functions raising reasonable apprehension of bias, order inconsistent with statutory role and responsibilities, appeal allowed, variation order struck, procedure, fresh evidence, appellate motion, rule 21(1), court of appeal rules (civil), palmer v the queen relevance requirement, further evidence directed to allegations and sdm merits not decisive for commissioner’s appeal, no appeal from confirmation of sdm appointment identified, motion for fresh evidence denied