Information About Administrative Law Matters
Recent Posts
Below is a preview of the five most recent posts from the blog Administrative Law Matters. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- The Reviewability of Policy: Harold the Mortgage Closer Inc. v. Ontario (Financial Services Regulatory Authority, Chief Executive Officer), 2024 ONSC 4464 and Air Passenger Rights v. Canada (Attorney General), 2024 FCA 128
Two recent Canadian cases have dealt with the reviewability of soft law instruments and, in both instances, the courts came out against judicial review. In Harold the Mortgage Closer Inc. v. Ontario (Financial Services Regulatory Authority, Chief Executive Officer), 2024 ONSC 4464, the applicants ch … Read more »
- Collaboration at the Intersection of Administrative Law and Political Science
For a forthcoming contribution to an edited collection on interdisciplinary work in law and political science, I was asked to prepare a comment on a (very good) chapter by Dennis Baker and David Said. Here is Part I, on the divide between administrative lawyers and political scientists. In their con … Read more »
- The Discretion/Determination Distinction and Questions of Institutional Design: Dow Chemical Canada ULC v. Canada, 2024 SCC 23 and Iris Technologies Inc. v. Canada, 2024 SCC 24
In a pair of cases decided this summer, the Supreme Court of Canada addressed the division of jurisdiction between Canada’s tax court and federal courts. In both Dow Chemical Canada ULC v. Canada, 2024 SCC 23 and Iris Technologies Inc. v. Canada, 2024 SCC 24, the Court had to determine the appropria … Read more »
- Useless Appendices: Kolner v Alberta (Director of SafeRoads), 2024 ABKB 456
As is well known, the appendix is a useless body part*. In Kolner v Alberta (Director of SafeRoads), 2024 ABKB 456, Bokenfohr J had to consider the legal utility of an appendix. It turns out that an appendix fares no better in administrative law than it does in the popular imagination. I have noted … Read more »
- Administrative Monetary Penalties and Bankruptcy: Poonian v. British Columbia (Securities Commission), 2024 SCC 28
A favoured tool of contemporary legislatures and regulators is the administrative monetary penalty. Rather than imposing criminal liability on regulated entities for breaches of industry standards, legislatures have regularly chosen to empower regulators to impose fines — often substantial — on offe … Read more »