Administrative Law Matters

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


2023 Administrative Law & Governance Colloquium: “The Legitimacy of the State”

Registration for this year’s Administrative Law & Governance Colloquium is now open: register here. The topic for the 2023 edition will be “The Legitimacy of the State”: The legitimacy of contemporary liberal democratic states is in a state of flux. Managing the effects of globalization, responding to the COVID-19 pandemic and fighting escalating inflation have […] Read more


An Introduction to the Duty of Candour

Defining the Duty of Candour The duty of candour requires parties to judicial review applications, especially government respondents, to “to make full and fair disclosure”.[1] They must “explain fully what has occurred and why”.[2] The duty has been recognized by the English courts[3] and by courts in other jurisdictions, such as New Zealand,[4] Ireland[5] and […] Read more


On a High Wire: Canada (Commissioner of Competition) v Rogers Communications Inc and Shaw Communications Inc, 2023 Comp Trib 1

Probably the hottest topic in the world of Canadian regulation in recent months has been the proposed merger between two telecommunications behemoths, Rogers and Shaw, with the former essentially to absorb the latter. In extensive reasons published on New Year’s Eve, the Competition Tribunal found that the merger could go ahead: Canada (Commissioner of Competition) […] Read more


Resisting which Siren’s Call? Auer v Auer, 2022 ABCA 375 and TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs), 2022 ABCA 381

In a pair of decisions this week the Alberta Court of Appeal has tackled the question of the framework for judicial review of regulations: Auer v. Auer, 2022 ABCA 375 and TransAlta Generation Partnership v. Alberta (Minister of Municipal Affairs), 2022 ABCA 381. In both instances — Governor-in-Council regulations on support payments in Auer, ministerial […] Read more


OBA Annual Update on Judicial Review

Justice Stratas and I will be presenting at the Ontario Bar Association’s Annual Update On Judicial Review tomorrow (registration for the webcast is here). Here is the bill of fare: The Supreme Court: Undue Delay, International Law and the Standard of Review Law Society of Saskatchewan v. Abrametz, 2022 SCC 29 Society of Composers, Authors […] Read more


Concurrent Jurisdiction: How Broad is the Entertainment Software Association Exception?

In Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30, the Supreme Court of Canada recognized a “rare” and “exceptional” new category of matters requiring correctness review, namely “when courts and administrative bodies have concurrent first instance jurisdiction over a legal issue in a statute” (at para. 28). […] Read more