Articles 2024

On Friday, November 8, 2024, the Supreme Court of Canada (the “SCC”) released two unanimous decisions, Auer v. Auer, 2024 SCC 36 (“Auer”) and TransAlta Generation Partnership v. Alberta, 2024 SCC 37 (“TransAlta”) clarifying the standard of review for judicial review of subordinate legislation, including ministerial regulations. The below article explores how these cases may affect Municipal and Planning Law matters in Ontario.

Gavin Fior discusses the Supreme Court of Canada's decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22 and its impact on privacy rights and professional regulation.

Nancy Bediako reviews recent case law and systemic problems regarding the Thunder Bay Police Services' investigations involving Indigenous Canadians in this second article of a two-part series.

Nancy Bediako reviews recent case law and systemic problems regarding the Thunder Bay Police Services' investigations involving Indigenous Canadians.

In September 2023, the Supreme Court of Canada took the opportunity to further clarify the standard of review following the seminal case: Canada (Minister of Citizenship and Immigration) v. Vavilov. As discussed below, the Court made it clear that reasonableness is the default standard, and correctness will only arise in limited situations.

On December 8, 2023, the Supreme Court of Canada (SCC) released a decision mandating that administrative decision-makers account for Charter values (as well as or instead of Charter rights) in their rulings whether bidden or unbidden by the parties before them.

The Court of Appeal’s unanimous decision in this case is a forceful defence of focussing on the reasons of the decision-maker in reasonableness review.

Mr. Khorsand applied for judicial review of the Toronto Police Service Board’s background check after multiple failures as he sought employment as a Special Constable with the Toronto Community Housing Corporation. The Board refused to give Mr. Khorsand the reasons for the failed checks even though he has no prior criminal convictions or charges. After accessing police records that confirmed this, he challenged the Board’s decision by seeking Judicial Review of the Divisional Court.

Before advising clients to commence a judicial review of an administrative decision, it is important to verify that all administrative processes have been exhausted. This principle comes from an administrative law rule known by multiple names, including the doctrine of exhaustion, the rule against interlocutory judicial reviews, and the objection against premature judicial reviews (hereinafter referred to as the “Doctrine of Exhaustion”).

In Ontario (Premier) v. Canada (Commissioner of the Public Order Emergency Commission) the Federal Court provides a useful analysis of the application and scope of parliamentary privilege, in particular with respect to testimonial immunity.