Articles 2019

This paper explores four topics in connection with evidentiary rules that operate differently in the administrative as compared to the civil context: 1) the ability to compel testimony; 2) the limited protection against subsequent use of testimony gathered during the investigation stage at hearings; 3) the use of hearsay evidence; and 4) the expanding requirement on respondents to ‘disclose’ their defence to Staff prosecutors in advance of hearings and the resulting defence challenges.

On June 8, 2015, the OBA’s Administrative Law Section presented “Tribunal Check-Up: The Status of our Adjudicative Tribunals” at the section’s Annual Meeting. The speakers each delivered an illuminating speech relating to current challenges and new developments within adjudicative tribunals, with a focus on positive change.

On April 22, 2015, Susheel Gupta, Vice-Chair of the Canadian Human Rights Tribunal (CHRT) led an informative discussion in Ottawa about the differences in litigating before courts and tribunals. The panel consisted of Michelle Flaherty, Member of the Human Rights Tribunal of Ontario (HRTO), Laura Little, Counsel to the Canadian International Trade Tribunal (CITT) and Lucia Shatat, Senior Legal Advisor to the Competition Tribunal.

The Society of Ontario Adjudicators and Regulators (SOAR) has now published its study of the Ontario government’s new 10-year limit on the years of service that members of the Province's adjudicative tribunals will be allowed to serve and of the near-term implications of that policy. Ron Ellis notes, "It is apparent from the SOAR study that if the government persists in the implementation of its cap policy, large elements of the administrative justice system will be effectively broken."

The room holding OBA Institute 2015's administrative law session - ‘Exploring the Growth of Active Adjudication’ - was a busy place! The lively discussion encompassed the principles of active adjudication and practical implications of its use, with insight from the academic, tribunal and practitioner perspectives.

Recent decisions from the Supreme Court of Canada, Federal Court of Appeal, Ontario Court of Appeal and Divisional Court are summarized in 60 case digests.

On November 25, 2014, Women Lawyers Forum in association with the Administrative and Public Sector Lawyers Sections of OBA, presented a program “What an Ombudsman Can Do for You and Your Client”. Chaired by Sara Gottlieb, lawyer from the Office of the Ombudsman of Ontario and Sheryl Smolkin, Lawyer and Journalist, the program had a packed agenda and an esteemed panel of speakers.

After the success of last year’s annual review of remarkable judicial review decisions, Justice David Stratas and Professor Paul Daly agreed to return for another discussion on the most notable judicial reviews of 2014. Much like last year’s program, this year’s event provided valuable insights into the ways in which the jurisprudence in this area of law is continuing to evolve post Dunsmuir.

The latest attempt at reforming the regulatory system governing Canada’s capital markets involves a cooperative approach between some Provincial Governments and the Federal Government. This Cooperative Capital Markets Regulatory System has administrative law implications. Among other things, it will create a tribunal that will administer both federal and provincial legislation.