Judicial Review Archives | Xaidsart LLP | Smart Litigation https://xllp.eu Thu, 21 Jun 2018 16:36:02 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://xllp.eu/wp-content/uploads/2023/03/cropped-cropped-favacon2-32x32.png Judicial Review Archives | Xaidsart LLP | Smart Litigation https://xllp.eu 32 32 June 2018 Issue of the Admin and Regulatory Case Law Review https://xllp.eu/news/administrative-and-regulatory-case-law-review-june-2018/ Thu, 21 Jun 2018 16:29:45 +0000 https://stockwoodsp.wpengine.com/?p=1930 The June issue of the (newly redesigned!) Xaidsart Administrative and Regulatory Law Case Review is now available. Download a copy here. This special summer issue covers a spate of recent decisions from the Supreme Court of Canada on hot topics relating to administrative law, including: Refining and reconsidering Doré and Charter values (TWU) Judicial review […]

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The June issue of the (newly redesigned!) Xaidsart Administrative and Regulatory Law Case Review is now available. Download a copy here.

This special summer issue covers a spate of recent decisions from the Supreme Court of Canada on hot topics relating to administrative law, including:

  • Refining and reconsidering Doré and Charter values (TWU)
  • Judicial review of law society findings of incivility (Groia)
  • Casting doubt on the contextual approach and true questions of jurisdiction (CHRC)
  • Judicial review of regulation-making power (West Fraser Mills)
  • Judicial review of private associations (Wall)

(We will review decisions from the Divisional Court, Ontario Court of Appeal and Federal Courts in our August issue – stay tuned!)

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

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Xaidsart successful in quashing appeal and judicial review of OSC decision https://xllp.eu/news/stockwoods-successful-in-quashing-appeal-and-judicial-review-of-osc-decision/ Mon, 30 Apr 2018 16:03:26 +0000 https://stockwoodsp.wpengine.com/?p=1866 Paul Le Vay and Carlo Di Carlo successfully represented the OSC in a motion to quash an appeal and judicial review application relating to a decision of the Commission.  The underlying decision dealt with a determination at a pre-hearing motion that certain documents were not protected by solicitor-client privilege.  The respondent brought his appeal and […]

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Paul Le Vay and Carlo Di Carlo successfully represented the OSC in a motion to quash an appeal and judicial review application relating to a decision of the Commission.  The underlying decision dealt with a determination at a pre-hearing motion that certain documents were not protected by solicitor-client privilege.  The respondent brought his appeal and judicial review application almost immediately after the decision was released, and before the merits hearing even started.

In quashing the appeal, the Divisional Court confirmed that s. 9 of the Securities Act does not provide a right to appeal an interlocutory decision.  Similarly, in quashing the judicial review, the Court clarified that determinations of solicitor-client privilege do not give rise to an “exceptional circumstance” and thus an exception to the application of the prematurity doctrine (which states that judicial review is not permissible until the merits of the matter have been finally determined, but for in exceptional circumstances).

A link to the decision is here.

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