Administrative Law

June 4, 2018

Is Deference Possible Here?

The Supreme Court’s latest administrative law decision shows why disguised correctness is the default standard of review Continue reading

Administrative Law, The Justice System

deference, disguised correctness review, expertise, Law Society, reasonableness, Supreme Court of Canada
May 28, 2018

It’s a Dog!

The majority’s pro-regulatory beliefs help make West Fraser a dog of a decision Continue reading

Administrative Law

deference, delegation, judicial review, regulation, statutory interpretation
May 26, 2018

Jiggery-Pokery

The standard of review issues in the Supreme Court’s West Fraser decision Continue reading

Administrative Law

deference, disguised correctness review, jurisdictional questions, reasonableness, regulation, Rule of Law, standard of review, ultra vires
May 25, 2018

Jousting over Jurisdiction

A summary of the Supreme Court judges’ competing views on how to assess the validity of delegated legisation Continue reading

Administrative Law, Uncategorized

delegation, reasonableness, Rule of Law, Supreme Court of Canada, ultra vires
April 14, 2018

Despotism, Revisited

Thoughts upon belatedly reading an (anti-)administrative law classic Continue reading

Administrative Law, History, The Justice System

administrative state, deference, delegation, judicial review, Lord Hewart, procedural fairness, Rule of Law
March 9, 2018

Dunsmuir 10 Years Later

The context, aims, and aftermath of Dunsmuir Continue reading

Administrative Law, The Dunsmuir Decade, The Justice System

deference, Dunsmuir, judging, reasonableness, reasons, Supreme Court of Canada
March 9, 2018

L’ordre et le rêve

Le contrôle judiciaire après Dunsmuir Continue reading

Administrative Law, The Dunsmuir Decade

access to justice, Dunsmuir, judicial review, Supreme Court of Canada
March 8, 2018

Looking past Dunsmuir: Beginning Afresh

Imagining stable and generally acceptable administrative law doctrine Continue reading

Administrative Law, The Dunsmuir Decade

deference, Dunsmuir, legal doctrine, Parliamentary sovereignty, Rule of Law, statutory interpretation
March 7, 2018

The Paradox of Simplicity

Dunsmuir failed to simplify administrative law; the framework that replaces it must account for the administrative state’s complexity Continue reading

Administrative Law, The Dunsmuir Decade

administrative state, deference, Dunsmuir, judicial review, reasonableness, Rule of Law
March 6, 2018

The Dark Art of Deference

Dubious assumptions of expertise on home statute interpretation Continue reading

Administrative Law, The Dunsmuir Decade

Chevron, deference, Dunsmuir, expertise