OBA Annual Update on Administrative Law

Paul Daly October 2, 2023

As we have done almost every year since 2013, Justice Stratas and I will be doing a joint online event next week for the Ontario Bar Association casting a look over the current state of affairs in Canadian administrative law:

Our most popular Administrative Law Section event is back again this year to bring you up to speed on the latest judicial review jurisprudence and trends. Join us for an engaging and informative discussion with our esteemed panel, The Honourable Justice David Stratas of the Federal Court of Appeal and Professor Paul Daly of the University of Ottawa, who will share their expert insights on understanding the most significant developments in the law of judicial review. Practitioners will appreciate the unique opportunity to ask questions at any time during this open and informal dialogue.

Marion Sandilands will be chairing the event.

Here is the bill of fare:

Standard of Review and Reasonableness Review

Canada (Citizenship and Immigration) v. Mason, 2023 SCC 21 (on appeal from 2021 FCA 156; see also Canada (Citizenship and Immigration) v. Galindo Camayo, 2022 FCA 50)

The Scope of Regulatory Powers

Société Radio-Canada v. Canada (Attorney General), 2023 FCA 131

ATCO Electric Ltd v. Alberta Utilities Commission, 2023 ABCA 129

Canada (Commissioner of Competition) v. Rogers Communications Inc., 2023 FCA 16

Canada Christian College and School of Graduate Theological Studies v. Post-Secondary Education Quality Assessment Board, 2023 ONCA 544

Law Society of Newfoundland and Labrador v. Buckingham, 2023 NLCA 17

The Constitution and Public Administration

Systemic Challenges

Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17 (on appeal from 2021 FCA 72)

Charter Rights

Lauzon v. Ontario (Justices of the Peace Review Council), 2023 ONCA 425

Webber Academy Foundation v. Alberta (Human Rights Commission), 2023 ABCA 194

Société Radio-Canada v. Canada (Attorney General), 2023 FCA 131

Peterson v. College of Psychologists of Ontario, 2023 ONSC 4685

Open Justice

Canadian Broadcasting Corporation v. Canada (Parole Board), 2023 FCA 166

Duty to Consult

Roseau River First Nation v. Canada (Attorney General), 2023 FCA 163

The Supreme Court’s Reserves

A.B. v. Northwest Territories (Education, Culture and Employment), 2021 NWTCA 8, SCC #39915

Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2022 ONCA 74, SCC #40078

Association des cadres de la société des casinos du Québec c. Société des casinos du Québec, 2022 QCCA 180, SCC #40123

Yatar v. TD Insurance Meloche Monnex, 2022 ONCA 446, SCC File #40348 (see also Democracy Watch v. Canada (Attorney General), 2023 FCA 39; AGC v. Pier 1 Imports (US) Inc. (A-60-22) and AGC v. Pier 1 Imports (US) Inc. (A-17-22)).

Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476, SCC #40360