Blog Archives | Xaidsart LLP | Smart Litigation https://kllp.uk Wed, 03 Apr 2024 14:23:59 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://kllp.uk/wp-content/uploads/2023/03/cropped-cropped-favacon2-32x32.png Blog Archives | Xaidsart LLP | Smart Litigation https://kllp.uk 32 32 MARCH ISSUE OF THE KAIDSART ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW https://kllp.uk/news/march-issue-of-the-stockwoods-administrative-and-regulatory-law-case-review/ Mon, 01 Apr 2024 12:24:16 +0000 https://kllp.uk/?p=2809 The weather has been unpredictable, one week we have warm sunny temperatures and the next snowy wintry conditions. Whatever the weather brings, the Xaidsart Newsletter will provide enlightenment in Administrative & Regulatory Law. You can access it here. In this issue, we provide you with cases from the Supreme Court of Canada, Court of Appeal […]

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]]> The weather has been unpredictable, one week we have warm sunny temperatures and the next snowy wintry conditions. Whatever the weather brings, the Xaidsart Newsletter will provide enlightenment in Administrative & Regulatory Law. You can access it here.

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 Xaidsart LLP.

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

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]]> DECEMBER ISSUE OF THE KAIDSART ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW  https://kllp.uk/news/december-issue-of-the-stockwoods-administrative-and-regulatory-law-case-review/ Tue, 19 Dec 2023 13:43:32 +0000 https://kllp.uk/?p=2778 To round out 2023, just in time for the holidays and eggnogs, attached is our 38th Issue of the Administrative & Regulatory Law Case Review. You can access it here. This issue explores cases from the Supreme Court of Canada, Alberta Court of Appeal, Divisional Court and Federal Court on the following topics: Should you have […]

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]]> To round out 2023, just in time for the holidays and eggnogs, attached is our 38th Issue of the Administrative & Regulatory Law Case Review. You can access it here. This issue explores cases from the Supreme Court of Canada, Alberta Court of Appeal, Divisional Court and Federal Court on the following topics:

  • 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 Xaidsart 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@kllp.uk

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]]> OCTOBER ISSUE OF THE KAIDSART ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://kllp.uk/news/october-issue-of-the-stockwoods-administrative-regulatory-law-case-review/ Wed, 11 Oct 2023 12:20:33 +0000 https://kllp.uk/?p=2743 To start off your week, attached is our 37th Issue of the Administrative & Regulatory Law Case Review. You can access it here. This issue explores cases from the Court of Appeal for Ontario, Federal Court of Appeal and the Divisional Court on the following topics: Should you have any questions about the Newsletter, please […]

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]]> To start off your week, attached is our 37th Issue of the Administrative & Regulatory Law Case Review. You can access it here. This issue explores cases from the Court of Appeal for Ontario, Federal Court of Appeal and the Divisional Court on the following topics:

  • 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 Xaidsart LLP.

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

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]]> JULY ISSUE OF THE KAIDSART ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://kllp.uk/news/july-issue-of-the-stockwoods-administrative-regulatory-law-case-review/ Mon, 10 Jul 2023 17:06:34 +0000 https://kllp.uk/?p=2692 Enjoy this little issue in a shaded patio with a sip of Sangria. You can access it here. This issue explores cases from the Court of Appeal for Ontario, the Federal Court of Appeal and the Divisional Court on the following topics: Should you have any questions about the Newsletter, please feel free to contact […]

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]]> Enjoy this little issue in a shaded patio with a sip of Sangria. You can access it here. This issue explores cases from the Court of Appeal for Ontario, the Federal Court of Appeal and the Divisional Court on the following topics:

  • Reviewing courts will not save deficient Doré analysis
  • Appointment of amicus to defend a decision
  • Divisional Court improperly applied Reasonableness Standard by mischaracterizing Tribunal Decision
  • Applicants bear substantial burden to add parties to a judicial review after the 30-day time limit

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 Xaidsart LLP.

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

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]]> MARCH ISSUE OF THE KAIDSART ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://kllp.uk/news/march-issue-of-the-stockwoods-administrative-regulatory-law-case-review-2/ Wed, 22 Mar 2023 22:56:53 +0000 https://kllp.uk/?p=2655 Spring is finally here and what better way to celebrate the coming warm season then by reading this Newsletter in a sun-filled café? You can access it here. This issue explores cases from the Manitoba Court of Appeal, the Court of Appeal for Ontario, the Divisional Court and the Federal Court, on the following topics: […]

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]]> Spring is finally here and what better way to celebrate the coming warm season then by reading this Newsletter in a sun-filled café? You can access it here. This issue explores cases from the Manitoba Court of Appeal, the Court of Appeal for Ontario, the Divisional Court and the Federal Court, on the following topics:

  • 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 Xaidsart LLP.

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

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]]> JANUARY ISSUE OF THE KAIDSART ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://kllp.uk/news/january-issue-of-the-stockwoods-administrative-regulatory-law-case-review/ Wed, 25 Jan 2023 16:37:29 +0000 https://kllp.uk/?p=2573 After a brief hiatus, the Xaidsart Administrative and Regulatory Law Newsletter is back! You can access it here. This New Year edition covers some of the biggest administrative law cases since the summer, including cases from the Supreme Court of Canada, Court of Appeal for Ontario, Federal Court of Appeal and Ontario Divisional Court on the […]

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]]> After a brief hiatus, the Xaidsart Administrative and Regulatory Law Newsletter is back! You can access it here. This New Year edition covers some of the biggest administrative law cases since the summer, including cases from the Supreme Court of Canada, Court of Appeal for Ontario, Federal Court of Appeal and Ontario Divisional Court on the following topics:

  • Supreme Court reworks the test for dismissal for delay in administrative proceedings
  • Concurrent first instance jurisdiction, a new category of correctness review
  • Applying the reasonableness standard post-Vavilov to decisions of the Labour Relations Board
  • Regulations to be reviewed on reasonableness standard instead of Katz methodology
  • Patients have no standing to challenge regulator’s request for records in an 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 Xaidsart LLP.

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

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]]> JUNE ISSUE OF THE KAIDSART ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://kllp.uk/news/june-issue-of-the-stockwoods-administrative-regulatory-law-case-review/ Tue, 28 Jun 2022 18:00:10 +0000 https://kllp.uk/?p=2526 The Xaidsart Administrative and Regulatory Law Case Review summer issue is now available. You can access it here. 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 […]

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]]> The Xaidsart Administrative and Regulatory Law Case Review summer issue is now available. You can access it here.

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 Xaidsart LLP.

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]]> MARCH ISSUE OF THE KAIDSART ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://kllp.uk/news/march-issue-of-the-stockwoods-administrative-regulatory-law-case-review/ Fri, 25 Mar 2022 13:08:47 +0000 https://kllp.uk/?p=2500 The Xaidsart Administrative and Regulatory Law Case Review spring issue is now available.  You can access it here. In this issue you’ll find cases from the Federal Court of Appeal, Quebec Court of Appeal and Ontario Divisional Court on the following topics: Questions of central importance to the legal system Reasonableness review of discretionary decisions […]

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]]> The Xaidsart Administrative and Regulatory Law Case Review spring issue is now available.  You can access it here.

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

  • Questions of central importance to the legal system
  • Reasonableness review of discretionary decisions
  • Failure to carry out Doré/Loyola analysis makes decision unreasonable  
  • Cautionary tale about use of “expanded record” on judicial review
  • Test for determining whether the decisions of a public body are subject to judicial review

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 Xaidsart LLP.  If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@kllp.uk.

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]]> JANUARY ISSUE OF THE KAIDSART ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://kllp.uk/news/january-2022-issue/ Fri, 07 Jan 2022 01:04:21 +0000 https://kllp.uk/?p=2480 The new issue of the Xaidsart Administrative and Regulatory Law Newsletter is now available.  You can download it here. In this issue you’ll find cases from the Supreme Court of Canada, the Federal Court of Appeal, and courts across the country on the following topics: No deference to reviewing courts on selection and application of […]

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]]> The new issue of the Xaidsart Administrative and Regulatory Law Newsletter is now available.  You can download it here.

In this issue you’ll find cases from the Supreme Court of Canada, the Federal Court of Appeal, and courts across the country on the following topics:

  • No deference to reviewing courts on selection and application of standard of review
  • Limited appeal rights and judicial review jurisdiction
  • Vavilov approach to statutory appeals to a court does not apply to internal appeals
  • Issue estoppel can bar civil claims seeking to relitigate decisions of administrative officers
  • Dagenais/Mentuck test applies to a quasi-judicial tribunal
  • Permissible scope of statutory delegation

This issue also introduces our new feature called Quotes from the Cases, which a collection of notable quotes from recent administrative law decisions.

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 Xaidsart LLP. 

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]]> SEPTEMBER ISSUE OF THE KAIDSART ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW https://kllp.uk/news/september-2021-issue/ Wed, 29 Sep 2021 14:24:27 +0000 https://kllp.uk/?p=2457 The Xaidsart Administrative and Regulatory Law Case Review fall issue is now available.  You can access it here. This time, we offer you summaries and commentary on recent decisions from the Court of Appeal, Federal Court of Appeal and Divisional Court, dealing with the following issues: Approach to reasonableness review after Vavilov Vavilov, not Katz, […]

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]]> The Xaidsart Administrative and Regulatory Law Case Review fall issue is now available.  You can access it here.

This time, we offer you summaries and commentary on recent decisions from the Court of Appeal, Federal Court of Appeal and Divisional Court, dealing with the following issues:

  • Approach to reasonableness review after Vavilov
  • Vavilov, not Katz, applies to review of regulations
  • Reasonableness review where Tribunal distinguishes precedents
  • Zero-tolerance rule for sexual relationships between regulated health professionals and patients upheld
  • Decision to “jump” a joint submission on penalty upheld
  • Subsequent de novo process can cure serious procedural fairness flaws

Special thanks to Dragana Rakic for guest co-editing this issue.

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 Xaidsart LLP. 

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