Vavilov
-
On Staying in One’s Lane
A response to critics of alleged judicial overreach in the face of legislative and governmental arbitrariness Continue reading
-
A “Bright” Signal for Canada? Farewell to Chevron Deference
In Loper Bright, the Supreme Court of the United States overturned the long-standing judicial review doctrine of Chevron deference. The decision has been met with all manner of criticism and celebration. There is no doubt that Loper Bright sends an important and valuable signal: it is the judicial role to decide questions of law, wherever Continue reading
-
It’s Nonsense But It Works
The Supreme Court’s latest administrative law decision is welcome, but it too is unsound in principle Continue reading
-
Simplicity in the Law of Judicial Review of Regulations: Auer and TransAlta
This post is derived from this week’s edition of my newsletter, the Sunday Evening Administrative Review. ______________________________________________ Auer v Auer, 2022 ABCA 375 (November 22, 2022); TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs), 2022 ABCA 381 (November 23, 2022) Context and Holding: In these decisions, the ABCA deals with the question of how Continue reading
-
What Does City of Toronto Mean For Administrative Law?
The Supreme Court released its much-anticipated decision today in Toronto (City) v Ontario (Attorney General), 2021 SCC 34. While others will address the nuances of the case, the majority generally puts unwritten constitutional principles into a tiny, little box. It says that because “[u]nwritten principles are…part of the law of our Constitution…” [50], unwritten principles Continue reading
-
Does This Kat(z) Have Nine Lives?
In Katz, the Supreme Court set out the approach to judicial review of regulations. The Katz approach is (or, maybe, was) a carve-out from the general law of judicial review. As Professor Daly notes, it grants a “hyperdeferential” margin of appreciation to those that promulgate regulations. The Katz approach, based on previous cases, simply asked Continue reading
-
The Supreme Court’s Leaves (Or Lack Thereof)
The Supreme Court has gone yet another week without granting leave to any cases. I am not an empiricist, and this is not something I’ve been tracking, but I gather that the Supreme Court has granted leave to less cases over time in general (not to suggest that this week is particularly representative of anything). Continue reading
-
Post-Truth, Redux
A faithful application of Vavilov reasonableness review exposes the rot at the core of Canada’s administrative law Continue reading
-
Alexion: No Blank Cheques Here
In Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157, the Federal Court of Appeal clarified the law of judicial review post-Vavilov (particularly as it applies to reasonableness review) and set out an important reminder: administrators are not a law unto themselves. In order to make sure that this is the case, particularly in Continue reading
-
For What It’s Worth
University of Toronto professor Richard Stacey recently released an article in the University of Toronto Law Journal (paywalled, which is truly unfortunate), arguing that (among other things) the Supreme Court of Canada’s decision in Vavilov “affirm[s]” the Supreme Court’s controversial decision in Doré (340; see also 351). To be specific, Stacey says (340-341): Read together, Continue reading
Double Aspect 