The Supreme Court of Canada released a very important decision on tribunal standing today: Ontario (Energy Board) v. Ontario Power Generation Inc., 2015 SCC 44, a utilities regulation case concerning the Board’s decision to disallow salary costs even though a substantial portion was fixed in place by a binding collective agreement. The Court upheld the […] Read more

The extent to which administrative decision-makers should be allowed to participate in judicial review challenges to their decisions is a difficult question. On the one hand, limited participation deprives a reviewing court of important perspectives that an administrative decision-maker might be able to bring to the discussion. On the other hand, aggressive participation might — […] Read more