This is the fourth and final post excerpting from my paper on stare decisis in Canadian administrative law for the Canadian Institute for the Administration of Justice’s 2015 National Roundtable on Administrative Law (Moncton, Friday, May 22*): Consistency in Tribunal Decision-Making. You can read the first, second and third posts here, here and here. * This […] Read more

An old advertisement for Beamish, a tipple manufactured in my native Cork, not far from my alma mater, has the punchline: “Consistent, that’s why it’s different”. One of the advantages of relaxing the rules of stare decisis for administrative tribunals is that it allows decision-makers to change positions in response to shifts in facts, be they economic, […] Read more

This is the second post excerpting from my paper on stare decisis in Canadian administrative law for the Canadian Institute for the Administration of Justice’s 2015 National Roundtable on Administrative Law (Moncton, Friday, May 22*): Consistency in Tribunal Decision-Making. You can read the first and second posts here and here. * This event will be rescheduled […] Read more

This is the second post excerpting from my paper on stare decisis in Canadian administrative law for the Canadian Institute for the Administration of Justice’s 2015 National Roundtable on Administrative Law (Moncton, Friday, May 22): Consistency in Tribunal Decision-Making. You can read the first post here. —– Canadian courts have recently embraced the view that, sometimes, […] Read more

I will be speaking next Friday at the 2015 National Roundtable on Administrative Law organized by the Canadian Institute for the Administration of Justice. This year’s topic is Consistency in Tribunal Decision-Making and I will be kicking the day off with some thoughts on stare decisis. Here are Sections I and II of my draft […] Read more

Here is a problem for deferential approaches to judicial review: what about an administrative decision that is a reasonable resolution of a particular case but which is reached by flawed logic? If the flawed logic is not sanctioned, it remains on the books and may influence future administrative decision-makers: indeed, failing to follow a previous […] Read more

A troubling controversy is emerging about the decision of a couple of federal adjudicative tribunals, those charged with social security and refugee appeals, to refuse to publish all of their decisions. Those who regularly represent clients in these appeals are complaining. There is no general rule even that all judicial decisions be published. In courts […] Read more