Administrative Law Matters

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

From Blogger

More on Being a Fraud

I managed to be inadvertently provocative on this subject last time out, with Michael Greve failing to catch my clin d’oeil towards Akhil Amar’s anguished declaration that if Obamacare were turned to dust by the U.S. Supreme Court his whole life would be a fraud. In any event, Greve has now explained in some more […] Read more

From Blogger

Is my discipline a fraud?

Provocative post from Michael Greve. A taste: More and more, our administrative state looks like something dreamt up in a late-night meeting between Carl Schmitt and Evita Peron. I’m teaching something called, fraudulently, administrative “law.” Believe you me: nothing in that corpus juris poses any meaningful constraint on government. Read more

From Blogger

You Don’t Have the Power: Securities Investigations in Québec

In the context of an ongoing investigation of the embattled engineering firm, SNC-Lavalin, Québec’s securities regulator compelled an executive to produce certain documents. In the same letter, however, the regulator purported to prevent the executive from telling anyone else about the documents (apart from the company’s lawyers). Revealing the existence of an ongoing investigation was […] Read more

From Blogger

Out of Time, Out of Luck: The Postal Acceptance Rule and Administrative Law

Canada’s immigration system is bursting at the seams. One of the backlogs is in sponsorship applications by Canadian permanent residents and citizens of their parents and grandparents. The federal government’s response was to institute, by way of ministerial instructions issued pursuant to s. 87 of the Immigration and Refugee Protection Act, a “temporary pause” in […] Read more

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My previous posts on Rob Ford

Toronto Mayor Rob Ford won his appeal this morning, as I predicted. You can find my previous posts here: And a Financial Post op-ed here: Read more

From Blogger

Oh no, not that guy again!

Ontario’s human rights legislation allows unsuccessful parties to a complaint to apply for reconsideration of a decision. But what if the adjudicator who already found against the party is the same adjudicator who determines the application for reconsideration: will the party applying for reconsideration really get a fair shake?In Landau v. Ontario (Minister of Finance), […] Read more