About ArticlesLes articles ci-dessous sont publiés par la Section du droit autochtone de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteur : Adam Chisholm


Patently Unreasonable Held to Have Same Meaning as Reasonableness

  • 05 mai 2020
  • Christopher Wirth, partner, and Sakshi Chadha, articling student, Keel Cottrelle LLP

In the decision of Intercounty Tennis Association v. Human Rights Tribunal of Ontario, 2020 ONSC 1632, the Divisional Court held that applying the revised rules of judicial review established by the Supreme Court of Canada in Canada v. Vavilov, 2019 SCC 65 meant that patent unreasonableness in the Ontario Human Rights Code was akin to reasonableness, and dismissed an application for judicial review concluding that the Human Rights Tribunal of Ontario’s finding of discrimination was reasonable.

Droit administratif, Student Forum

Vavilov: A New Framework for a New Decade of Judicial Review

  • 13 janvier 2020
  • Rachel Weiner

In this article, Rachel Weiner summarizes the revised framework in Vavilov, identifies changes and uncertainties regarding the standard of review, and argues that the reasonableness standard is not significantly altered.

Droit administratif, Student Forum

Public Library’s Termination of Rental Agreement Not Subject to Judicial Review

  • 07 janvier 2020
  • Christopher Wirth, partner, and Sakshi Chadha, articling student, Keel Cottrelle LLP

In Weld v Ottawa Public Library, 2019 ONSC 5358, the Ontario Divisional Court (the “Court”) found that a decision by a Public Library to terminate a room rental agreement was not subject to judicial review as it was not made in a public capacity.

Droit administratif, Student Forum

Why Ontario’s Victim Compensation Bill Will Hurt Those It’s Designed to Help

  • 18 décembre 2019
  • Shiva Bakhtiary, Osler, Hoskin & Harcourt LLP

Victims of crime in Ontario will now get significantly less compensation and will no longer have their cases heard before an impartial adjudicator after Bill 100 amends the Compensation for Victims of Crime Act and dissolves the Criminal Injuries Compensation Board.

Droit administratif, Justice pénale, Student Forum

The Return of Roncarelli: The Tesla Decision and the Rule of Law

  • 29 octobre 2018
  • By Rachel Weiner, staff lawyer, IAVGO Community Legal Clinic

Within his first few months in office, Ontario’s new Premier, Doug Ford, has prompted a carefully worded but vehement defence of the rule of law in Tesla v Ontario (Ministry of Transportation), 2018 ONSC 5062. Justice Myers reviewed the discretionary exclusion of Tesla from the transitional program for car subsidies, determining it was unrelated to any statutory purpose and did not afford any procedural fairness. Justice Myers quashed the decision and remitted it back to the Minister.

Droit administratif, Student Forum

When a Tribunal’s Reasons Won’t Fly: SCC in Lukács addresses supplemental reasons and public interest standing

  • 22 octobre 2018
  • Ryan MacIsaac

In Delta Airlines Inc v Lukács, the Supreme Court addresses two important issues. First, in a counter-intuitive way, it addresses when a reviewing court may supplement reasons, following concerns raised by administrative lawyers after the seminal case of Edmonton East. Second, it reaffirms that tribunals and courts should provide access to justice by maintaining an open door to public interest litigants with genuine complaints.

Droit administratif, Student Forum

Girouard v CJC: An Administrative State Coup?

  • 10 octobre 2018
  • Mark Mancini

Commenting on Girouard v Canada (AG), 2018 FC 865, the author argues this case is an example of a trend towards more administrative decision-makers that have unlimited powers. This trend has profound implications for the Rule of Law, as it places such decision-makers alongside the Constitution as beyond reproach. But the administrative state is not a constitutional mandate. The Canadian Judicial Council is vested with powers by its enabling statute. It does not have inherent power.

Droit administratif, Student Forum

Supreme Court of Canada Revisiting Judicial Review Principles Addressed in Dunsmuir

  • 12 juin 2018
  • Christopher Wirth and Sakshi Chadha

The Supreme Court of Canada has recently granted leave to appeal from the decisions in Bell Canada v. Canada/ National Football League v. Canada, 2017 FCA 249 and Vavilov v. Canada, 2017 FCA 132 and, in so doing, advised that it will hear these three appeals together in order to reconsider the nature and scope of judicial review of administrative decision-makers addressed in Dunsmuir and subsequent cases and has specifically directed the parties to address the question of standard of review.

Droit administratif, Student Forum


  • 16 mars 2018
  • Christopher Wirth (Partner), Maneet Sadhra (Articling Student), Keel Cottrelle LLP

In Denton v. British Columbia (Workers’ Compensation Appeal Tribunal), 2017 BCCA 403, the British Columbia Court of Appeal ("Court of Appeal") has confirmed that generally speaking, constitutional issues should not be raised for the first time on judicial review as they should be first considered in the context of a developed record.

Droit administratif, Student Forum