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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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@xllp.eu.

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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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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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• Ensuring confidentiality concerns do not defeat meaningful judicial review
• Federal Court cannot usurp the powers of Administrative Decision-Makers
• Judicial review denied where statutory appeal available but unsuccessful
• Proper approach to a joint submission on penalty
• Limits on court’s jurisdiction to grant declaratory relief
• Impermissible delegation of decision marking authority

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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• 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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