Courts around Canada are beginning to apply the Vavilov framework. Obviously, it is too early to draw any conclusions. Nonetheless, even at this early stage in the life of Vavilovian judicial review there have been some interesting decisions. I have been coming back to this post periodically to update it with significant new decisions. If […] Read more

Predicting the long-term consequences of the COVID-19 pandemic has become a cottage industry. It is also something of a fool’s errand as the medium- to long-term outcomes depend in large part on how many waves of COVID-19 sweep over us and how bad the effects are. Nonetheless, for what little they are worth, let me […] Read more

With the support of the Centre for Law, Technology and Society I will be moderating a discussion of the recent Federal Court of Appeal decision in Entertainment Software Assoc. v. Society Composers, 2020 FCA 100, a case at the intersection of copyright law and administrative law. I will be joined by Carys J. Craig (Osgoode […] Read more

I am currently working on a chapter for “Leading Works in Public Law”, a collection edited by Ben Yong and Patrick O’Brien. My chapter is on SA de Smith’s Judicial Review of Administrative Action. Here is a draft of the third section, on “The Significance” The Significance Judicial Review of Administrative Action was “the first […] Read more

Although this year’s Osgoode Constitutional Cases Conference was cancelled due to the COVID-19 pandemic, the annual issue of the Supreme Court Law Review containing papers from the Conference is going ahead. My paper is entitled “Vavilov and the Culture of Justification in Contemporary Administrative Law“. Here is the abstract: The Supreme Court of Canada’s decision […] Read more