Articles

About ArticlesThe below articles are published by the Administrative Law Section of the Ontario Bar Association. Members are encouraged to submit articles.  About Articles

Editor: Patricia Harper

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Today

Patchett v Optimum, 2021 ONSC 8466: Interpretation of "catastrophic impairment" under SABS

  • February 14, 2022
  • Ed Montigny

Ms. Patchette appealed the decision made by the License Appeal Tribunal (“LAT”), finding that the appellant was not catastrophically impaired pursuant to sec. 3.1 (1) 2 iii of the STATUTORY ACCIDENTS BENEFITS SCHEDULE O reg 34/10 (“SABS”). This was the first time that sec. 3.1(1)2 iii of the Sabs was considered by LAT. The Appeal concerned the interpretation and application of s. 3.1(1) 2 iii of SABS, specifically the meaning of “permanent and serious.”

Administrative Law, Student Forum

Yuan V. Matsuura, 2022 ONSC 45: Fence Disputes in the City of Toronto

  • February 14, 2022
  • Ed Montigny

A recent appeal from a judgment of the Small Claims Court raised an interesting question as to how fence disputes are to be resolved in the City of Toronto, although it left the answer to this question to be determined at a later date.

Administrative Law, Student Forum

Northern Regional Health Authority v. Horrocks: Supreme Court Upholds Status Quo on Appellate Standard of Review for First Instance’s Court Standard of Review Analysis

  • February 02, 2022
  • Mina Karabit

In November 2021, the Supreme Court of Canada released its decision in Northern Regional Health Authority v. Horrocks. The decision upholds the status quo established in Agraira v. Canada (Public Safety and Emergency Preparedness) (an earlier Supreme Court decision) regarding the applicable appellate standard of review when the first instance court is tasked with determining the applicable standard of review.

Administrative Law, Student Forum

OBA Annual Update on Judicial Review: A Discussion with Justice David Stratas and Professor Paul Daly

  • November 15, 2021
  • Alexander J. Pease

In this year’s Annual Update on Judicial Review, held on October 18, 2021, the Honourable Justice David Stratas, Federal Court of Appeal, and Professor Paul Daly, University of Ottawa, discussed recent cases and developments in the administrative law jurisprudence across Canada. The event was chaired by Dina Awad and Jillian Siskind of the OBA Administrative Law Section Executive. This summary of the lively discussion is categorized into six themes, following the structure and flow of the event.

Administrative Law, Student Forum

The Jurisdiction of Courts to Intervene in Decisions of Voluntary Associations: Ethiopian Orthodox Tewahedo Church of Canada St Mary Cathedral v Aga

  • June 17, 2021
  • Rachel Weiner

In this case, decided by the Supreme Court on May 21, 2021, the Supreme Court of Canada confirmed that a legal right is required for a court to intervene in a decision of a voluntary association, and found that whether such a legal right exists must be determined on a case-by-case basis.

Administrative Law, Student Forum

Federal Court of Appeal Overturns Finding that Designation of the United States as a Safe Third Party Country Violated Section 7 of the Charter

  • June 13, 2021
  • Christopher Wirth, partner, Keel Cottrelle LLP

In The Minister of Citizenship and Immigration v. the Canadian Council for Refugees, 2021 FCA 72, the Federal Court of Appeal overturned the decision of the Federal Court (2020 FC 770), which had found that section 101(1)(e) of the Immigration Refugee Protection Act, S.C. 2001, c.27 (the “Act”) and section 159.3 of the Regulations under the Immigration and Refugee Protection Regulations, S.O.R./2002-227 (the “Regulations”), infringed section 7 of the Charter.

Administrative Law, Student Forum

Ontario Court of Appeal Finds Pay Equity Tribunal Unreasonable

  • June 13, 2021
  • Ed Montigny

A recent decision from the Ontario Court of Appeal upheld the Divisional Court in its finding that a decision of the Pay Equity Tribunal, which found that continued the use of the proxy method to measure pay equity in the nursing home sector was not necessary, was not reasonable. However, a strong dissent signed by two of the Justice suggests this may not be the last word on the matter.

Administrative Law, Student Forum
Saba Ahmad

Interview with Vavilov lawyer, Hadayt Nazami

  • February 18, 2021
  • Saba Ahmad

One year ago, lawyer Hadayt Nazami won a landmark ruling from the Supreme Court in Vavilov v. Canada. In a candid interview, Nazami provides insights about the years-long saga behind his victory, securing his client's right to Canadian citizenship.

Administrative Law, Constitutional, Civil Liberties and Human Rights Law, Citizenship and Immigration Law and 1 more..., Student Forum

Federal Court of Appeal Releases Decision Supportive of the Use of Jurisprudential Guides

  • February 06, 2021
  • Ed Montigny

This decision of the Federal Court of Appeal involved two applications for judicial review challenging the designation of four Jurisprudential Guides by the Chairperson of the Immigration and Refugee Board of Canada (IRB). This decision provides instructive analysis with respect to the use of jurisprudential guides.

Administrative Law, Student Forum

When Courts Consider Quality of Reasons: Association of Professional Engineers v Rew

  • February 06, 2021
  • Rachel Weiner

Association of Professional Engineers v Rew is an appeal to the Divisional Court by the Association of Professional Engineers of Ontario (the PEO) from a decision of a Discipline Panel of the PEO. This case demonstrates that quality of reasons can play an important role in determining whether an administrative decision should be upheld even where the reasons do permit review.

Administrative Law, Student Forum