Another entry in the catalogue of cases dealing with the interaction between rights of appeal and applications for judicial review is Caledon Residences Inc. v. Ontario Land Tribunal, 2025 ONSC 6546. This raises a question as to whether a right of appeal that is subject to a leave requirement and is contingent on demonstrating a […] Read more

With agency independence very much on the agenda in North America at the moment, readers may be interested in a webinar to be held on December 29 at 3pm, organized by Oren Tamir of the James E. Rogers College of Law (Arizona) and featuring speakers from across the common law world and the European Union: […] Read more

Over the last few months, I have been working with Professor Mark Mancini on a paper on internal trade barriers within Canada and, in particular, on a proposal to create an administrative structure that would help to establish frictionless trade in Canada. We discussed the issue with Peter Copeland of the Macdonald-Laurier Institute for the Inside […] Read more

There has been renewed interest in recent years in the theory of administrative law. As I commented a few years ago: It seems to me that it is no accident that contemporary administrative law scholars have focused their academic energies on (relatively) grand theories of the subject. With the general principles of legality, rationality and […] Read more

The rise and rise of habeas corpus continues, with the Supreme Court of Canada further extending the scope of the Great Writ in Dorsey v. Canada (Attorney General), 2025 SCC 38. This judgment deserves careful analysis, but can only be understood in its historical context. One point that should be made at the outset is that decisions […] Read more

A note from Adam Perry and Angelo Ryu Administrative law is moving quickly, with courts, regulators, and automated systems reshaping how power is used and reviewed. The Oxford Administrative Law Workshop brings together scholars working on English administrative law and closely related fields for two days of discussion at Brasenose College. ABOUT THE WORKSHOP The […] Read more

Two recent appellate decisions prompt further thought on the general issue of how Canadian courts should deal with legislative design choices for regulatory regimes and the specific issue of how to address the potential overlap between applications for judicial review and rights of appeal. In particular, the Newfoundland and Labrador Court of Appeal has taken […] Read more

Appropriately enough for Halloween (perhaps!), here is my ‘year in review‘ paper for this year: This paper traces how Canadian courts in 2025 continued to consolidate and refine the post-Vavilov landscape. The year’s jurisprudence reflects a mature administrative law—anchored in justification, consistency, and institutional restraint—rather than one in doctrinal flux. At the Supreme Court, Pepa […] Read more

In a previous post, I discussed a recent decision of the Federal Court of Appeal about the ground covered by an appeal on a question of law or jurisdiction, on the one hand, and an application for judicial review, on the other hand. Now the Federal Court of Appeal has returned to the issue, this […] Read more

Our “Vavilov at 5″ conference, held only in June, has gone through the Alberta Law Review publication process in what feels like record time. Kudos most of all to the editors-in-chief Lauren Stavert and Eli Ziff, who took this on at the tail end of their mandate, and to the contributors who produced drafts and responded […] Read more