Stockwoods LLP launches new Questions of Central Importance blog
Welcome to the new Questions of Central Importance blog, where our lawyers will be posting about the latest and greatest cases from the world of administrative and regulatory law. This blog replaces the Stockwoods Administrative and Regulatory Law Case Review newsletter and aims to provide more timely summaries and analysis of judicial decisions for readers. […]
Read MoreLeave to Appeal Determined Before Concurrent Judicial Review: Casa Loma Residents Association v. 555 Davenport Holdings Ltd., 2024 ONSC 2297
Facts: The City of Toronto approved the development of a residential building across the street from Casa Loma in Toronto. The Casa Loma Residents Association (“CLRA”) appealed to the Ontario Land Tribunal (“Tribunal”) to challenge this approval. The CLRA opposed the development on the basis that the eight-story building would block sight lines from Casa […]
Read MoreDoré Analysis Applies to Tweets Containing Misinformation: Gill v. Health Professions Appeal and Review Board, 2024 ONSC 2588
Facts: G is a practising physician. During the height of the COVID-19 pandemic, the College of Physicians and Surgeons received a number of complaints about G’s statements about the pandemic on her Twitter account. G’s Twitter account clearly identified her as a physician. The Inquiries, Complaints and Reports Committee of the College (the “ICRC”) investigated […]
Read MoreIrreparable Harm to Regulatory Body’s Duty Can Satisfy Test for Stay Pending Judicial Review: Law Society of Ontario v. A.A., 2024 ONSC 2681
Facts: In 2019, AA applied to the Law Society of Ontario for a license to practise law. The Law Society had evidence that AA had sexually abused three children in 2009. Therefore, the Law Society carried out a good character investigation. In July 2023, the Law Society Tribunal ruled that AA is of good character. […]
Read MoreCorrectness Review for Constitutional Questions of Mixed Fact and Law: Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13
Facts: The Association represents first-level managers at casinos run by the Société. The Association applied to the Administrative Labour Tribunal to be recognized as the union for its members under the Labour Code. However, the Labour Code excludes “managers” from the statutory regime. The Association sought a ruling that this exclusion of managers violates its […]
Read MoreCorrectness review for engagement, scope, and framework for Charter rights: York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22
Facts: Two Ontario public school teachers recorded their private communications about the workplace on a shared, personal, password-protected log that was stored in the cloud. The school’s principal was told about the log. In the absence the teachers, he touched the mousepad of one of the teacher’s board laptop, observed the log on the screen, […]
Read MoreLower courts lagging in considering Charter values in reasonableness review: New Blue Ontario Fund v. Ontario (Chief Electoral Officer), 2024 ONSC 1048
Facts: The New Blue Party of Ontario, a registered political party founded in Ontario in 2020 sought payment from Elections Ontario based on the June 2022 election results. The Chief Electoral Officer of Ontario (the “CEO”) determined that New Blue was ineligible for the payment it demanded. New Blue sought the payments under the scheme […]
Read MoreA Request for Bids is Not Subject to Judicial Review Where There Are Adequate Alternative Remedies: Thales DIS Canada Inc. v. Ontario (Transportation), 2023 ONCA 866
Facts: Ontario’s Ministry of Transportation (the “Ministry”) initiated a procurement process in 2021 by issuing a call for bids aimed at the production of driver’s licenses and health cards. These identification cards were to be manufactured utilizing card stock with specific security features. Notably, the bid solicitation stipulated a prerequisite that the production of these […]
Read MoreLimits of what can be challenged on a compliance application: College of Physicians and Surgeons of Ontario v. Kilian, 2024 ONCA 52
Facts: Dr. K was investigated by her regulator, the College of Physicians and Surgeons (“CPSO”), after the CPSO received complaints that she was issuing false COVID-19 vaccine exemption certificates and prescribing medications for COVID-19 that were not approved by Health Canada. Although s. 76 of the Health Professions Procedural Code (“Code”) required Dr. K to […]
Read MoreDisguised Correctness Review for Cabinet Confidences?: Ontario (Attorney General) v. Ontario (Information and Privacy Commissioner), 2024 SCC 4
2024 SCC 4 Facts: A reporter with CBC made a request under Ontario’s freedom of information legislation for all mandate letters that Premier Ford provided to his Ministers upon forming government in 2018. Unlike previous governments, Premier Ford did not publicly release his mandate letters. The government refused to disclose the letters to the requestor. […]
Read MoreStatutory appeal provisions do not limit judicial review on issues outside their scope: Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8
Facts: Y was injuredin an automobile accident in February 2010 and sought benefits under the Statutory Accident Benefits Schedule. In a letter sent in January 2011, her insurer, TD, denied her application for three categories of benefits as a result of her failure to submit a completed disability certificate. Y then attended two examinations by […]
Read MoreDecision-maker admits reasons were inadequate and gets to try again: Association for Reformed Political Action Canada v. Hamilton (City of), 2023 ONSC 6443 (Div Ct)
Facts: In March 2021, the Applicants sought to post an advertisement on the City of Hamilton’s buses that identified an unborn fetus as a person. The City of Hamilton replied by email saying that the ad was inaccurate and that the ad “would need to be revised so as to not reflect personhood in relation […]
Read MoreRobust reasonableness review concludes regulations went beyond enabling legislation: Responsible Plastic Use Coalition v. Canada (Environment and Climate Change), 2023 FC 1511
Facts: The Federal Government sought to address the growing issue of plastic pollution due to the negative effects on the environment and human health. The Governor-in-Council added “Plastic Manufactured Items” (“PMI”) to the list of toxic substances in Schedule 1 of the Canadian Environmental Protection Act, 1999. At the time, s. 90(1) of CEPA permitted […]
Read MoreLimited appeal rights and availability of judicial review: Georgopoulos v Alberta (Appeals Commission for Alberta Workers' Compensation), 2023 ABCA 285
Facts: G suffered a workplace injury. The Workers’ Compensation Board found that injury to be compensable and determined his compensation rate, permanent clinical impairment rating, and disability status. G appealed the compensation decision to the Board’s internal Dispute Resolution and Decision Review Body. Still unsatisfied, G appealed again to the external Appeals Commission. The Commission […]
Read MoreConstitutional questions regarding tribunal’s territorial jurisdiction reviewed for correctness: Sharp v. Autorité des marchés financiers, 2023 SCC 29
The Facts: The Appellants, four British Columbia residents were alleged to have improperly manipulated the price of stock in contravention of the Quebec Securities Act. Specifically, they allegedly engaged in a “pump and dump” scheme in relation to the shares of Solo International Inc. (“Solo”). This scheme is alleged to have injured investors, including investors […]
Read MoreRobust conception of Doré framework is here to stay: Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31
Facts: Five sets of parents living in the Northwest Territories wished to enrol their children in one of the Territory’s two French language schools. None of the parents had a constitutional right under s. 23 of the Charter to have their children educated in French. As a result, they were required to request that the […]
Read MoreReasonableness review requires responsive justification and reasons-first approach: Mason v Canada (Citizenship and Immigration), 2023 SCC 21
Facts: Section 34(1)(e) of the Immigration and Refugee Protection Act (“IRPA”) states that permanent residents or foreign nationals are “inadmissible on security grounds” for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada.” M and D are both foreign nationals. M was previously charged with two […]
Read MoreFailure to abide by statutory panel composition requirements or explain departure from them: Law Society of Ontario v Schulz, 2023 ONSC 3943 (Div Ct)
Facts: S was a lawyer licensed by the Law Society of Ontario (“LSO”). After S was convicted of possession of child pornography, the LSO sought to revoke his license on the basis that his actions were unbecoming of a licensee. The registrar appointed a panel of the Law Society Discipline Tribunal to hear the matter. […]
Read MoreThe limits of free expression for regulated professionals: Peterson v College of Psychologists of Ontario, 2023 ONSC 4685 (Div Ct)
Facts: Dr. P is a well-known public figure and author who often wades in on controversial political and social issues. He is also a psychologist and a registered member of the College of Psychologists of Ontario. Since at least 2018, the College has received complaints about Dr. P’s public statements. In March 2020, following […]
Read MoreMinisterial discretion in tension with the will of the legislature: Canada Christian College and School of Graduate Theological Studies v. Post-Secondary Education Quality Assessment Board, 2023 ONCA 544
Facts: In 2020, the legislature passed a bill giving Canada Christian College and School of Graduate Theological Studies (CCC) the right to call itself a university and the power to grant degrees. Schedule 2 provided that the legislation would come “into force on a day to be named by proclamation of the Lieutenant Governor”. The […]
Read MoreKey Issues
- Charter rights
- Charter values
- Concurrent JR and appeals
- Constitutional questions
- Discretionary Bars
- Leave to Appeal
- Limits of judicial review
- New evidence
- Practice points
- Procedural fairness
- Professional Regulation
- Reasonableness review
- Record on Judicial Review
- Remedies
- Standard of review
- Standing
- Stays
- Uncategorized
- Vires Challenge
Co-Editors
For more information about the issues and cases covered in this edition of the newsletter, or to find out more about our firm’s administrative and regulatory law practice, please contact Justin Safayeni, Spencer Bass, or another lawyer at the firm.