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CBA Administrative Law Section

CBA Administrative Law Section articles are published under the banner Intra Vires. Members interested in posting articles are encouraged to send them to the Section at:



Privileged politicians

  • January 24, 2023
  • Christopher Wirth and Alex Smith

Federal Court finds Ontario Premier Doug Ford immune from testifying at Emergencies Act inquiry.

Administrative Law

Applying Gladue principles to professional misconduct cases

  • October 21, 2022
  • Christopher Wirth

In Law Society of Ontario v. McCullough, 2022 ONLSTH 63 (Law Society Tribunal Hearing Division), a panel of the Law Society’s Tribunal (the “Panel”) took into consideration, for the first time, a lawyer’s Indigenous background in determining the penalty to be imposed for professional misconduct involving misappropriation of trust funds.

Administrative Law

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