Articles 2020

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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

Right to Post? The Intersection of Professional Regulation, Social Media, and Freedom of Expression

  • November 26, 2020
  • Patricia Harper

This article examines a recent appeal of a professional regulation decision before the Court of Appeal of Saskatchewan, Strom v Saskatchewan Registered Nurses’ Association. This decision is noteworthy not only as a high-profile post-Vavilov decision in the context of professional regulation, but also as an illustration of the potential conflict between the regulation of a professional's "off-duty" conduct and the professional's right to freedom of expression under the Charter.

Administrative Law, Student Forum

Victory for Midwives as Divisional Court Dismisses Ontario’s Judicial Review Application

  • July 08, 2020
  • Saba Ahmad

Ontario’s midwives have won another round of litigation, in a pay equity saga stretching back almost a decade. Late last month, the Divisional Court rejected the province’s Judicial Review application of two decisions of the Human Rights Tribunal (“Tribunal”). This article summarizes the Divisional Court's decision.

Administrative Law, Constitutional, Civil Liberties and Human Rights Law, Student Forum

Schoelly v. College of Massage Therapists of Ontario, 2020 ONSC 1348

  • May 05, 2020
  • Patricia Harper, partner, Keel Cottrelle LLP

This was an appeal of Jose Schoelly (“Mr. Schoelly” or the “Member”), a registered massage therapist, with respect to the outcome of discipline proceeding before a panel of the Discipline Committee of the College of Massage Therapists (“Discipline Committee” or the “Panel”).

Administrative Law, Student Forum