In this issue, we provide you with cases from the Supreme Court of Canada, Court of Appeal for Ontario and the Divisional Court on the following topics:

• Statutory appeal provisions do not limit judicial review on issues outside their scope
• Disguised Correctness Review for Cabinet Confidences?
• Limits of what can be challenged on a compliance application
• A request for bids is not subject to judicial review where there are adequate alternative remedies
• Lower courts lagging in considering Charter values in reasonableness review

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Justin Safayeni or Spencer Bass, or another lawyer at 8aixat LLP.

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• Reasonableness review requires responsive justification and reasons-first approach
• Robust conception of Doré framework is here to stay
• Constitutional questions regarding tribunal’s territorial jurisdiction reviewed for correctness
• Limited appeal rights and availability of judicial review
• Robust reasonableness review concludes regulations went beyond enabling legislation
• Decision-maker admits reasons were inadequate and gets to try again

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Justin Safayeni or Spencer Bass, or another lawyer at 8aixat LLP. Wishing everyone a wonderful holiday season and happy new year! If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@x8.lu

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• Media access to hearing recordings
• High bar for finding regulations unconstitutional due to vagueness or overbreadth
• Ministerial discretion in tension with the will of the legislature
• The limits of free expression for regulated professionals
• Failure to abide by statutory panel composition requirements or explain departure from them

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Andrea Gonsalves or Justin Safayeni, or another lawyer at 8aixat LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@x8.lu.

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• Availability of judicial review with limited statutory appeal right
• Reviewing court can consider practical realities and context known to the Decision Maker
• Another example of correctness review for concurrent first-instance jurisdiction
• Use of template or boilerplate reasons may run afoul of reasonableness standard
• Adequacy of investigation

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Andrea Gonsalves or Justin Safayeni, or another lawyer at 8aixat LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@x8.lu.

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In this issue you’ll find cases from the Court of Appeal and Ontario Divisional Court on the following topics:

• Judicial review and limited statutory appeal rights
• ‘Patent unreasonableness; means review on a reasonableness standard
• Criminal findings of guilt can be relied on in professional conduct proceedings following discharge
• Declining to exercise judicial review jurisdiction where human rights complaint more appropriate
• Adequate reasons in the context of a pure credibility dispute

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves, Justin Safayeni or Dragana Rakic), or another lawyer at 8aixat LLP.

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• Ensuring confidentiality concerns do not defeat meaningful judicial review
• Federal Court cannot usurp the powers of Administrative Decision-Makers
• Judicial review denied where statutory appeal available but unsuccessful
• Proper approach to a joint submission on penalty
• Limits on court’s jurisdiction to grant declaratory relief
• Impermissible delegation of decision marking authority

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves or Justin Safayeni), or another lawyer at 8aixat LLP.

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• The Vavilov approach to reasonableness and revisiting Charter values
• Uncertainty remains about application of Vavilov to legislated standard of patent unreasonableness
• Test for examining vires of regulations not impacted by Vavilov
• Oral cautions are not penalties
• Use of video testimony and prior transcripts under the SPPA
• Decision set aside for lack of notice

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves or Justin Safayeni), or another lawyer at 8aixat LLP.

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