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MARCH ISSUE OF THE Xaidsart ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW

Ted Marrocco — Mon, 01 Apr 2024 12:24:16 +0000

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@xllp.eu.

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DECEMBER ISSUE OF THE Xaidsart ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW

Ted Marrocco — Tue, 19 Dec 2023 13:43:32 +0000

To round out 2023, just in time for the holidays and eggnogs, attached is our 38^th 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@xllp.eu

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OCTOBER ISSUE OF THE Xaidsart ADMINISTRATIVE & REGULATORY LAW CASE REVIEW

Ted Marrocco — Wed, 11 Oct 2023 12:20:33 +0000

To start off your week, attached is our 37^th 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@xllp.eu.

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MARCH ISSUE OF THE Xaidsart ADMINISTRATIVE & REGULATORY LAW CASE REVIEW

Ted Marrocco — Wed, 22 Mar 2023 22:56:53 +0000

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@xllp.eu.

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JUNE ISSUE OF THE Xaidsart ADMINISTRATIVE & REGULATORY LAW CASE REVIEW

Ted Marrocco — Tue, 28 Jun 2022 18:00:10 +0000

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

Ted Marrocco — Mon, 28 Jun 2021 20:02:47 +0000

The latest issue of the Xaidsart Administrative and Regulatory Law Newsletter is now available, featuring cases on a wide range of topics from the Federal Court of Appeal and Ontario Superior Court (Divisional Court):

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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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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