Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.

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Limited Rights of Appeal: Three Camps

The Supreme Court of Canada announced yesterday that it will release its reasons for judgment in the appeal from Yatar v. TD Insurance Meloche Monnex,2022 ONCA 446 on Friday. This decision is coming sooner than I expected based on the average time administrative law matters have spent on reserve: this one was heard in November […] Read more

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Reminder: Peter Shane on Presidential Powers Wednesday 11.30 eastern time

A reminder that Professor Peter Shane (NYU) will be joining me on Wednesday, at 11.30 eastern time, in the latest instalment of this year’s Administrative Law & Governance Colloquium on “Executive Power“. Professor Shane and I will be discussing his book Democracy’s Chief Executive: In the eyes of modern-day presidentialists, the United States Constitution’s vesting […] Read more

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Losing Confidence: Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4

The Supreme Court of Canada’s most recent entry in its standard of review catalogue is Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4. Here, the Commissioner had ordered that mandate letters issued by the Premier of Ontario to his cabinet ministers should be released under the Freedom of Information and Protection […] Read more

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Judicial Review in Canada: Where are We Now?

I have been working on a ‘year in review’ publication for the Energy Regulation Quarterly, which should be published open-access in English and French in the not-too-distant future. To whet your collective appetite, here are some opening thoughts… Canadian administrative law is, at present, in a relatively settled state. The years since the seminal Supreme […] Read more

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Procedural Fairness and Regulatory Policy: Alta Link Management Ltd v. Alberta Utilities Commission, 2023 ABCA 325

A rare defeat for a regulator on an issue of procedural fairness occurred in Alta Link Management Ltd v. Alberta Utilities Commission, 2023 ABCA 325. At issue here were a series of decisions made by the Commission relating to the recovery, through rates, of expenses incurred in Alberta’s transmission and distribution network. To be more […] Read more

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The Application of the Open Court Principle to Administrative Tribunals: Canadian Broadcasting Corporation v. Canada (Parole Board), 2023 FCA 166

In an interesting recent decision, the Federal Court of Appeal grappled with the scope of the ‘open court’ principle. In Canadian Broadcasting Corporation v. Canada (Parole Board), 2023 FCA 166, the CBC sought judicial review of the Board’s refusal to release copies of the audio recordings of parole hearings of three offenders, amongst them Paul […] Read more