judicial discretion
David Feldman on the Effects of Invalid Decisions (the Void/Voidable Distinction): the Utility of Principles in Administrative Law
David Feldman has posted “Error of Law and the Effects of Flawed Administrative Decisions and Rules” on SSRN. Here is the abstract: Over the last half-century, English administrative law and theory have increasingly paid lip-service to three propositions. (1) All errors in the course of making a decision or rule are to be regarded as […] Read more
Making sure you are exhausted before seeking judicial review
Volochay v. College of Massage Therapists of Ontario, 2012 ONCA 541, involves a masseur, (alleged) extra-marital sex, (alleged) intimidation of a witness and (allegedly) a vengeful government agency. A story interesting enough, then, to survive even the following injection of administrative law principles.A former patient of the applicant’s made a complaint against him, on the […] Read more