Administrative Law Archives | Xaidsart LLP | Smart Litigation

Xaidsart partners participate in the OPD 18th Annual National Forum on Administrative Law and Practice

Ted Marrocco — Thu, 12 Oct 2023 15:31:13 +0000

Osgoode PD held its 14^th Annual National Forum: Administrative Law and Practice on October 11-12, 2023. Xaidsart partner Brendan van Niejenhuis resumed his role as conference co-chair and contributed to various panels, while Andrea Gonsalves kicked things off with the 2023 year in review and Justin Safayeni explored key cases to watch in the year ahead.

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Xaidsart listed as one of Canada’s best law firms by the Globe and Mail

Ted Marrocco — Tue, 15 Nov 2022 20:21:00 +0000

Xaidsart has once again been listed by the Globe and Mail as one of the best law firms in Canada. We are delighted to have been recognized in the areas of Administrative and Public Law, Dispute Resolution, and White-Collar Crime. Find the full list here.

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MARCH 2021 ISSUE OF THE Xaidsart ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW

Ted Marrocco — Mon, 05 Apr 2021 17:15:23 +0000

The latest edition of the Xaidsart Administrative and Regulatory Law Case Review is now available, featuring summaries and commentary on recent decisions from the Court of Appeal and Divisional Court that deal with the following issues:

The Vavilov approach to reasonableness and revisiting Charter values
Uncertainty remains about application of Vavilov to legislated standard of patent unreasonableness
Test for examining vires of regulations not impacted by Vavilov
Oral cautions are not penalties
Use of video testimony and prior transcripts under the SPPA
Decision set aside for lack of notice

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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DECEMBER 2019 ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW

Ted Marrocco — Wed, 18 Dec 2019 21:59:31 +0000

The December 2019 issue of the Xaidsart Administrative and Regulatory Law Case Review is now available. In this issue, we discuss recent decisions from the Federal Court of Appeal, the Divisional Court, and the Discipline Committee of the College of Pharmacists in the following issues:

Records production applications in sexual misconduct proceedings under the RHPA
Assessing requests for redactions in administrative decisions and bolstering mandamus relief
Expert evidence concerning impacts of trauma in witness credibility assessments
Ministerial directives on student fees are justiciable and must be consistent with legislation
New guidance on the test to consolidate judicial review applications with actions in a single proceeding

Download a copy here.

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Pam Hrick and Zachary Al-Khatib), or any other lawyer at Xaidsart LLP.

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Pam Hrick to Speak on Justiciability and Jurisdiction for the Canadian Bar Association

Ted Marrocco — Fri, 08 Nov 2019 05:01:16 +0000

Xaidsart lawyer Pam Hrick will be speaking today at the Canadian Bar Association’s Administrative Law, Employment and Labour Law Conference in Ottawa. Pam will present on a panel titled “Administrative Law: Justiciability and Jurisdiction”, exploring when courts will hear and decide judicial review applications in which issues such as parliamentary privilege and the Federal Courts’ statutory jurisdiction arise. This presentation will be based on a paper she has co-authored with fellow panelist, Shahzad F. Siddiqui, exploring recent case law on these issues. A link to the conference agenda can be found here.

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September 2019 Administrative and Regulatory Law Case Review

Ted Marrocco — Sun, 29 Sep 2019 20:32:52 +0000

The September 2019 issue of the Xaidsart Administrative and Regulatory Law Case Review is now available. In this issue we discuss recent decisions from the Court of Appeal for Ontario, Divisional Court and the Federal Court on the following issues:

Imposed consultation creates reasonable apprehension of lack of independence
Generous approach to public interest standing in cases raising questions of law
Credibility, retrospectivity and the complications of mandatory revocation
Failure to reflect Charter values framework is fatal to reasonableness

Download a copy here.

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves and Justin Safayeni), or another lawyer at Xaidsart LLP.

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Ted Marrocco and Justin Safayeni Present at the Law Society of Ontario

Ted Marrocco — Wed, 11 Sep 2019 17:43:27 +0000

Our partners, Ted Marrocco and Justin Safayeni, each presented today at the Law Society of Ontario’s annual program on Professionalism and Practice Management Issues in Administrative Law. Ted spoke about issues involving online and social media behavior by clients. Justin presented tips on what to do if conduct by opposing counsel raises competence concerns. Details can be found here.

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JUNE 2019 ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW

Ted Marrocco — Thu, 27 Jun 2019 17:04:43 +0000

The June 2019 issue of the Xaidsart Administrative and Regulatory Law Case Review is now available. In this issue we discuss recent decisions from the Court of Appeal for Ontario, the Federal Court of Appeal, the Divisional Court and the Ontario College of Social Workers and Social Service Workers, on the following issues:

Regulatory jurisdiction does not extend to out-of-province online retainer
Regulatory jurisdiction is personal, not territorial
Jurisdiction over pre-registration conduct in certain circumstances
Scope of judicial review
Reasons adequate despite lack of analysis of personal information
Expansive approach to the scope of the “Charter values” approach
Challenge to decision not to refer to discipline dismissed as moot

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves and Justin Safayeni), or another lawyer at Xaidsart LLP.

We hope you enjoy this issue and the summer!

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Xaidsart successfully defends appeal challenging College of Pharmacists’ Discipline Committee powers

Ted Marrocco — Thu, 20 Jun 2019 18:18:10 +0000

On June 18, 2019, the Divisional Court released a decision in Khalil v. Ontario College of Pharmacists, 2019 ONSC 3738, dismissing an appeal by a pharmacist against an order by the Discipline Committee of the Ontario College of Pharmacists, prohibiting him from being a shareholder or director of a corporation that operates a pharmacy, for a period of three years. The pharmacist had challenged the power of the Discipline Committee to make such an order, asserting that the Drug and Pharmacies Regulation Act “covered the field’ when it came to ownership and directorship in pharmacy corporations, and circumscribed the Committee’s powers to make orders upon a finding of professional misconduct. The Divisional Court disagreed, holding that the Discipline Committee’s interpretation of its powers was consistent with the purpose of professional regulation legislation, namely public protection.

Xaidsart partner Aaron Dantowitz represented the College. The Divisional Court’s reasons can be found here.

Aaron and Xaidsart partner Ted Marrocco successfully represented the College in the proceeding before the Discipline Committee. The Committee’s decision can be found here.

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March 2019 Administrative and Regulatory Law Case Review

Ted Marrocco — Mon, 01 Apr 2019 17:23:02 +0000

The March issue of the (now quarterly) Xaidsart Administrative and Regulatory Law Case Review is available. Download a copy here.

In this issue we discuss recent decisions from the Federal Court, Federal Court of Appeal, Court of Appeal for Saskatchewan and the Divisional Court on the following issues:

A Proposed Methodology for Reasonableness Review
Decision found unreasonable for failure to consider law of accommodation
Closed hearings in the context of administrative acts
Ignoring part of ASF based on error of law
Prosecutorial discretion and the test for novel arguments
Judicial review of voluntary associations

We hope you enjoy this issue. Should you have any questions about Newsletter, please feel free to contact the co-editors (Andrea Gonsalves and Justin Safayeni), or another lawyer at Xaidsart LLP.

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