Two recent appellate decisions prompt further thought on the general issue of how Canadian courts should deal with legislative design choices for regulatory regimes and the specific issue of how to address the potential overlap between applications for judicial review and rights of appeal. In particular, the Newfoundland and Labrador Court of Appeal has taken […] Read more

Appropriately enough for Halloween (perhaps!), here is my ‘year in review‘ paper for this year: This paper traces how Canadian courts in 2025 continued to consolidate and refine the post-Vavilov landscape. The year’s jurisprudence reflects a mature administrative law—anchored in justification, consistency, and institutional restraint—rather than one in doctrinal flux. At the Supreme Court, Pepa […] Read more

In a previous post, I discussed a recent decision of the Federal Court of Appeal about the ground covered by an appeal on a question of law or jurisdiction, on the one hand, and an application for judicial review, on the other hand. Now the Federal Court of Appeal has returned to the issue, this […] Read more

Our “Vavilov at 5″ conference, held only in June, has gone through the Alberta Law Review publication process in what feels like record time. Kudos most of all to the editors-in-chief Lauren Stavert and Eli Ziff, who took this on at the tail end of their mandate, and to the contributors who produced drafts and responded […] Read more