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After a brief hiatus, the Stockwoods Administrative and Regulatory Law Newsletter is back! You can access it here. This New Year edition covers some of the biggest administrative law cases since the summer, including cases from the Supreme Court of Canada, Court of Appeal for Ontario, Federal Court of Appeal and Ontario Divisional Court on the following topics:

• Supreme Court reworks the test for dismissal for delay in administrative proceedings
• Concurrent first instance jurisdiction, a new category of correctness review
• Applying the reasonableness standard post-Vavilov to decisions of the Labour Relations Board
• Regulations to be reviewed on reasonableness standard instead of Katz methodology
• Patients have no standing to challenge regulator’s request for records in an investigation

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.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@stockwoods.ca.

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

In this issue you’ll find cases from the Court of Appeal and Ontario Divisional Court on the following topics:

• Judicial review and limited statutory appeal rights
• ‘Patent unreasonableness; means review on a reasonableness standard
• Criminal findings of guilt can be relied on in professional conduct proceedings following discharge
• Declining to exercise judicial review jurisdiction where human rights complaint more appropriate
• Adequate reasons in the context of a pure credibility dispute

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 spring issue is now available.  You can access it here.

In this issue you’ll find cases from the Federal Court of Appeal, Quebec Court of Appeal and Ontario Divisional Court on the following topics:

• Questions of central importance to the legal system
• Reasonableness review of discretionary decisions
• Failure to carry out Doré/Loyola analysis makes decision unreasonable  
• Cautionary tale about use of “expanded record” on judicial review
• Test for determining whether the decisions of a public body are subject to judicial review

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.  If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@stockwoods.ca.

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.