OBA Annual Update on Judicial Review (October 22)
It’s that time of year again, folks! The leaves are turning brown, the patios are closed and Jack Frost is roaming at dawn. And it is time for the Ontario Bar Association’s Annual Update on Judicial Review. Justice David Stratas and I will be taking our annual tour through the highways and byways of recent administrative law jurisprudence.
Register here for the event next Tuesday.
Here is the bill of fare…
Correctness Review
Constitutional Questions
Sharp v. Autorité des marchés financiers, 2023 SCC 29 – noted here
Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13 – noted here
York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22 – noted here and here
International Law
Zoghbi v. Air Canada, 2024 FCA 123
The End of Deference in the United States
Loper Bright Enterprises v. Raimondo, 603 US ____ (2024)
Reasonableness Review
Charter Values
Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31 – noted here
Sullivan v. Canada (Attorney General), 2024 FCA 7
Singh Brar v. Canada (Public Safety and Emergency Preparedness), 2024 FCA 114
Legal and Factual Constraints
Ontario (AG) v. Ontario (IPC), 2024 SCC 4 – noted here
Canadian Frontline Nurses v. Canada (Attorney General), 2024 FC 42 – noted here
Pepa v. Canada (Citizenship and Immigration), 2023 FCA 102 (SCC 40840)
Constitutional Foundations of Judicial Review
Appeals and Judicial Review
Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8 – noted here
Democracy Watch v. Canada (Attorney General), 2024 FCA 158 – noted here
Remedial Discretion
(Imam) v. London Borough of Croydon, [2023] UKSC 45 – noted here
Re McAleenon’s Application for Judicial Review, [2024] UKSC 31
Reviewing Regulations
Reasonableness Review
Auer v. Auer, 2022 ABCA 375 (SCC 40582) – noted here
TransAlta Generation Partnership v. Alberta (Minister of Municipal Affairs), 2022 ABCA 381 (SCC 40570) – noted here
Portnov v. Canada (Attorney General), 2021 FCA 171 – noted here
Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210
Discrimination
GSI Global Shelters Developments Ltd. v. Rural Municipality of Last Mountain Valley No. 250, 2024 SKCA 30 – noted here
Canadian Natural Resources Limited v. Fishing Lake Metis Settlement, 2024 ABCA 131 – noted here
Procureur général du Québec c. Kanyinda, 2024 QCCA 144 – noted here
Lauzon-Foresterie (Fiducie) c. Municipalité de L’Ange-Gardien, 2024 QCCA 506 – noted here
Regulatory Conduct
Procedural Fairness
Teksavvy Solutions Inc. v. Bell Canada, 2024 FCA 121 – noted here
Neustaedter v. Alberta (Labour Relations Board), 2024 ABCA 238 – noted here
Alta Link Management Ltd v. Alberta Utilities Commission, 2023 ABCA 325 – noted here
Justiciability
Air Passenger Rights v. Canada (Attorney General), 2024 FCA 128 – noted here
Harold the Mortgage Closer Inc. v. Ontario (Financial Services Regulatory Authority, Chief Executive Officer), 2024 ONSC 4464 – noted here
Khorsand v. Toronto Police Services Board, 2024 ONCA 597
Nova Scotia Health Authority v. Finkle and West, 2024 NSCA 87
Transparency
Canadian Broadcasting Corporation v. Canada (Parole Board), 2023 FCA 166 – noted here
R. (Northumbrian Water Ltd) v. Water Services Regulation Authority, [2024] EWCA Civ 842
Conway v. An Bord Pleanala, [2024] IESC 34 – noted here
Judicial Review Procedure
Service
Environmental Defence Canada Inc. v. Alberta, 2024 ABKB 265 – noted here
Proof
LPDT v. Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, [2024] HCA 12 – noted here
Standing
Westjet v. Lareau, 2024 FCA 77
The Office of the Information and Privacy Commissioner for British Columbia v. Airbnb Ireland UC, 2024 BCCA 333
Victoria Gold Corp v. Yukon Water Board, 2024 YKSC 49
Powell River Energy Inc. v. British Columbia (Utilities Commission), 2024 BCCA 327
Further Reading
David Stratas, The Canadian Law of Judicial Review: Some Doctrine and Cases (SSRN)
Paul Daly, Administrative Law Matters
Mark Mancini, The Sunday Evening Administrative Review
This content has been updated on October 18, 2024 at 15:11.