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

I am an associate professor at the Faculty of Law, University of Ottawa, where I hold the University Research Chair in Administrative Law & Governance. Educated in Ireland, the United States and the United Kingdom (where I also taught administrative law) before settling in Canada, I have developed a comparative perspective on judicial review of […] Read more

Here is the running order for this year’s Judicial Review Update (me and Justice Stratas of the Federal Court of Appeal). The event is online only. Sign up here. Vavilov, One Year On Statutory Appeals The Classification Game Yee v Chartered Professional Accountants of Alberta, 2020 ABCA 98 Planet Energy (Ontario) Corp. v Ontario Energy […] Read more

As I find myself drafting the introductory chapter to the next edition of Administrative Law in Context, here are some thoughts on the evolution of administrative law… The advocates of the 20th century welfare state envisaged a government which would take care of its citizens from the cradle to the grave. The contemporary administrative state […] Read more

The Supreme Court of Canada’s decision in Vavilov v. Canada (Citizenship and Immigration), 2019 SCC 65 made what seemed to be dramatic changes to the law relating to statutory appeals. Deference had previously come to reign supreme, even where an appeal to the courts from an administrative decision-maker had been provided by the legislature. Vavilov […] Read more

For the past few years I have been working on a book on judicial review of administrative action, building on my Public Law Conference papers on administrative law values (here and here). It is designed to be a comprehensive study of the core features of administrative law in common law systems (Australia, Canada, England, Ireland […] Read more

In Prospect Magazine, I have a piece entitled “The inexorable rise of judicial review“, discussing the UK’s Independent Review of Administrative Law. Here is an extract, discussing the complex background to the Review: We should begin by noting that the period of development since the middle of the 20th century has been marked by procedural […] Read more

This is an excerpt from my forthcoming article, “The Appellate Standard of Review in Public Law Cases“. Download it here from SSRN. I blogged in 2018 on the English (AR) and Australian decisions (SZVFW) mentioned below. In the previous section, I described the broader context surrounding the decisions in AR and SZVFW. I suggested that […] Read more

This is an excerpt from my forthcoming article, “The Appellate Standard of Review in Public Law Cases“. Download it here from SSRN. The Canadian approach to appellate review in public law cases resembles the approach robustly defended by the High Court of Australia in SZVFW.[1] An appellate court must step into the shoes of the […] Read more

I have posted my paper, “The Appellate Standard of Review in Public Law Cases” to SSRN. It will be published next year in Public Law. Here is the introduction: The goal of this paper is to conduct a comparative discussion of the issue of the appellate standard of review in public law cases. On this […] Read more