Articles 2019


Paul Daly on getting lost in description

  • July 04, 2017

In the latest volume of the Canadian Bar Review, which examines the legacy of the former Supreme Court Justice Louis LeBel, Paul Daly explores the limits of language in administrative law, and LeBel’s role in clarifying our understanding of judicial review. CBA National sat down with the senior lecturer in public law at the University of Cambridge to ask him about why descriptive language in law can be more of burden than help.

Administrative Law, Student Forum

Executive Orders in Canada

  • May 09, 2017
  • William Lee

In recent months, President Trump and his administration have issued a number of executive orders relating to immigration and travel bans in the United States. Since their issuance, these executive orders have received varying responses from many communities in the United States, including the judiciary. In light of the attention given to President Trump’s use of executive orders in the United States, this article seeks to provide a brief discussion of how executive orders are used in Canada.

Administrative Law, Student Forum

Keeping up Appearances: Parties, Interveners and Experts in Administrative Proceedings

  • February 24, 2017
  • Robin Bates

On February 9, 2017, a group of administrative lawyers and attendees gathered for a sold out half-day program about public interest interveners, tribunal standing, and experts in administrative proceedings. The program was part of the Ontario Bar Association’s Institute 2017 and was chaired by Diane Janisse, of the Legal Aid Ontario Clinic Resource Office, and Christopher Wirth, of Keel Cottrelle LLP.

Administrative Law, Student Forum

Edmonton East: Revisiting the Presumption of Tribunal Expertise

  • January 31, 2017
  • Heather MacIvor

This is one of two companion pieces on the Supreme Court of Canada’s decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd. authored exclusively for the OBA. This article focuses on the Supreme Court's treatment of the presumption of expertise afforded to tribunals.

Administrative Law, Student Forum

Edmonton East: A Statutory Right of Appeal Does Not Create a New Category of Correctness

  • January 31, 2017
  • Jon Wypych and Adam D.H. Chisholm

This is one of two companion pieces on the Supreme Court of Canada's recent decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd. authored exclusively for the OBA's Administrative Law Section. This article concerns the role of statutory provisions permitting a right of appeal in determining the standard of review.

Administrative Law, Student Forum

Divisional Court Finds that Discipline Committees Cannot Suck and Blow at the Same Time When Deciding Whether to Award Costs

  • September 28, 2016
  • Christopher Wirth and Renata Antoniuk

In the recent decision of Truman v Association of Professional Engineers of Ontario, 2016 ONSC 472, the Divisional Court reversed a decision of the Discipline Committee of the Association of Professional Engineers of Ontario, which had refused to award a member costs of a stayed discipline proceeding. In so doing, the Court also confirmed that it has the jurisdiction to award costs to a member for an unwarranted Discipline Committee hearing.

Administrative Law

The International Dimension of Administrative Law: Foreign Investors Avoid Canadian Regulatory Agencies

  • March 18, 2016
  • Graham Mayeda

The environmental assessment process can be long and complicated for investors seeking approval of a proposed project. If the investment is not approved, the investor may lose a considerable amount of money. But for foreign investors, the outlook is much rosier since the decision of a NAFTA (North American Free Trade Agreement) arbitration panel in the spring of 2015 in a case called Bilcon of Delaware et al v Government of Canada.

Administrative Law