Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.

From Blogger

Furthering Substantive Equality through Administrative Law: Charter Values in Education

Angela Cameron and I have posted our forthcoming Supreme Court Law Review essay on Charter values and administrative decision-making in the context of education law: “Furthering Substantive Equality through Administrative Law: Charter Values in Education“. Here is the abstract: Recent decisions in the realm of Canadian public law have opened the door to Charter values. […] Read more

From Blogger

Functus Officio in Administrative Law

A long-running battle being waged by employees of Health Canada against their employer’s drug-approval procedures gives a glimpse of the law on the reopening of administrative decisions: Chopra v. Canada (Attorney General), 2013 FC 644.Here, the original complaint made by the employees to the Public Sector Integrity Commissioner was investigated and dismissed (though only after […] Read more

From Blogger

Making Adverse Findings against a Party Who Withdraws an Appeal is a Breach of Procedural Fairness

Somewhat obvious, one would have thought! One can imagine the surprise of the applicant in Can-Euro Investments Ltd. v. Ollive Properties Ltd., 2013 NSCA 80, who, having withdrawn an appeal before the Utility and Review Board was nonetheless strongly criticized in a decision handed down weeks later. The relevant facts can be briefly recounted: [26]   […] Read more

From Blogger

Keeping a Close Eye on the Tsar

A provincial Irish newspaper called the Skibbereen Eagle famously concluded an editorial on European politics by noting that it would be keeping a close eye on the Tsar of Russia. There is nothing provincial about the accomplished Lisa Heinzerling, but she has nonetheless been keeping a close eye on President Obama’s former regulatory Tsar, Cass […] Read more