Intel

The new issue of the Stockwoods Administrative and Regulatory Law Newsletter is now available.  You can download it here.

In this issue you’ll find cases from the Supreme Court of Canada, the Federal Court of Appeal, and courts across the country on the following topics:

• No deference to reviewing courts on selection and application of standard of review
• Limited appeal rights and judicial review jurisdiction
• Vavilov approach to statutory appeals to a court does not apply to internal appeals
• Issue estoppel can bar civil claims seeking to relitigate decisions of administrative officers
• Dagenais/Mentuck test applies to a quasi-judicial tribunal
• Permissible scope of statutory delegation

This issue also introduces our new feature called Quotes from the Cases, which a collection of notable quotes from recent administrative law decisions.

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves, Justin Safayeni or Dragana Rakic), or another lawyer at Stockwoods LLP. 

The Stockwoods Administrative and Regulatory Law Case Review fall issue is now available.  You can access it here.

This time, we offer you summaries and commentary on recent decisions from the Court of Appeal, Federal Court of Appeal and Divisional Court, dealing with the following issues:

• Approach to reasonableness review after Vavilov
• Vavilov, not Katz, applies to review of regulations
• Reasonableness review where Tribunal distinguishes precedents
• Zero-tolerance rule for sexual relationships between regulated health professionals and patients upheld
• Decision to “jump” a joint submission on penalty upheld
• Subsequent de novo process can cure serious procedural fairness flaws

Special thanks to Dragana Rakic for guest co-editing this issue.

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves or Justin Safayeni), or another lawyer at Stockwoods LLP. 

The latest issue of the Stockwoods Administrative and Regulatory Law Newsletter is now available, featuring cases on a wide range of topics from the Federal Court of Appeal and Ontario Superior Court (Divisional Court):

• Ensuring confidentiality concerns do not defeat meaningful judicial review
• Federal Court cannot usurp the powers of Administrative Decision-Makers
• Judicial review denied where statutory appeal available but unsuccessful
• Proper approach to a joint submission on penalty
• Limits on court’s jurisdiction to grant declaratory relief
• Impermissible delegation of decision marking authority

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves or Justin Safayeni), or another lawyer at Stockwoods LLP.

The latest edition of the Stockwoods Administrative and Regulatory Law Case Review is now available, featuring summaries and commentary on recent decisions from the Court of Appeal and Divisional Court that deal with the following issues:

• The Vavilov approach to reasonableness and revisiting Charter values
• Uncertainty remains about application of Vavilov to legislated standard of patent unreasonableness
• Test for examining vires of regulations not impacted by Vavilov
• Oral cautions are not penalties
• Use of video testimony and prior transcripts under the SPPA
• Decision set aside for lack of notice

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves or Justin Safayeni), or another lawyer at Stockwoods LLP.

The latest edition of the Stockwoods Administrative and Regulatory Law Case Review is available for download here, featuring summaries and commentary on some the latest decisions from the Federal Court of Appeal, Court of Appeal for Saskatchewan and Ontario Superior Court of Justice (Divisional Court) that deal with the following issues:

• The role of guidelines in Tribunal decision-making
• Statutory appeals involving off-duty conduct of regulated professionals
• Procedural fairness in a statutory appeal
• Multiple legal errors leading to discipline decision being overturned
• No need to publicize institutional interpretation of statutory provisions

Should you have any questions about the cases or issues canvassed in the Case Review, please feel free to contact the co-editors (Andrea Gonsalves or Justin Safayeni), or another lawyer at Stockwoods LLP.