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

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

  • December 18, 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.

Administrative Law, Criminal Justice, Student Forum

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

  • October 29, 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.

Administrative Law, Student Forum

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

  • October 22, 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.

Administrative Law, Student Forum

Girouard v CJC: An Administrative State Coup?

  • October 10, 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.

Administrative Law, Student Forum

Supreme Court of Canada Revisiting Judicial Review Principles Addressed in Dunsmuir

  • June 12, 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.

Administrative Law, Student Forum

CONSTITUTIONAL ISSUES SHOULD BE RAISED PRIOR TO SEEKING JUDICIAL REVIEW

  • March 16, 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.

Administrative Law, Student Forum

Administrative and Regulatory Case Review

  • November 20, 2017
  • Stockwoods LLP

Summaries of recent decisions discussed in the Stockwoods LLP Administrative & Regulatory Law Case Review newsletter.

Administrative Law, Student Forum

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