The lessons of OK v. Highlands

  • May 30, 2022
  • Christopher Wirth and Alex Smith

British Columbia Court of Appeal applies correctness standard of review outside of recognized exceptions.

Administrative Law

Ontario Divisional Court finds hospital’s policy to deny visitors during pandemic not subject to judicial review and does not breach Charter

  • June 23, 2020
  • Christopher Wirth and Sakshi Chadha

On an urgent application, the Ontario Divisional Court in Sprague v. Her Majesty the Queen in right of Ontario, 2020 ONSC 2335, found that a hospital’s policy limiting visitor access to certain “essential visitors” was not subject to judicial review and did not breach the Canadian Charter of Rights and Freedoms.

Administrative Law

Federal Court of Appeal rules that lobbying commissioner has no duty to investigate complaints from the public

  • June 22, 2020
  • Marion Sandilands

In a decision with wide-ranging implications for the lobbying community and for administrative law generally, the Federal Court of Appeal ruled in Canada (Attorney General) v. Democracy Watch (2020 FCA 69) that the federal Lobbying Act does not create a duty for the lobbying commissioner to investigate complaints from members of the public.

Administrative Law

Alberta Court of Appeal finds that Charter applies to students’ exercise of freedom of expression on university campus

  • June 11, 2020
  • Christopher Wirth, Sakshi Chadha and Shamim Fattahi

In UAlberta Pro-Life v. Governors of the University of Alberta, 2020 ABCA 1, the Alberta Court of Appeal held that the University of Alberta was subject to s. 32 of the Canadian Charter of Rights and Freedoms in relation to its regulation of freedom of expression by students on university grounds.

Administrative Law

Ontario Divisional Court: decision to remove “offensive” bus shelter ads and city’s refusal to intercede not subject to judicial review

  • May 22, 2020
  • Christopher Wirth and Shamim Fattahi

In People for the Ethical Treatment of Animals, Inc. v. City of Toronto, 2020 ONSC 2356, the Ontario Divisional Court dismissed an application for judicial review of a media company’s decision to remove an animal advocacy group’s bus shelter advertisements targeted against Canada Goose and the city’s refusal to compel the reposting of the ads under its lease contract.

Administrative Law

When Vavilov makes judicial review more difficult: findings of fact in a statutory appeal

  • April 27, 2020
  • Gerard J. Kennedy and Alyssa Clutterbuck

The Supreme Court of Canada’s December 2019 decision in Canada (Minister of Citizenship and Immigration) v Vavilov was a game-changer in Canadian administrative law. Decades of case law was synthesized – or overturned, depending on one’s point of view – as a new framework was promulgated for substantive review of administrative decisions.

Administrative Law