Judicial review applications have to be brought in a timely manner. As Lord Diplock explained, “public authorities and third parties should not be kept in suspense as to the legal validity [of a decision] for any longer period than is absolutely necessary in fairness to the person affected by the decision” (O’Reilly v Mackman [1983] […] Read more

This is my third and final post on new issues on judicial review — see here and here for the previous posts. I am not suggesting that it is somehow open season for applicants or appellants to raise new issues before the courts. The underlying rationales identified by Rothstein J in Alberta Teachers will continue to help […] Read more

A pair of interesting cases, one from Canada and one from England, deals with the unusual — but highly consequential — issue of identifying the time at which an administrative “decision” is made. In each case, the bottom-line result is quite harsh on the individual claiming no “decision” had been made and, in very different […] Read more

This is my second post in my ‘new issues’ series: the first post can be accessed here. There is an instructive discussion in a recent Federal Court of Appeal case. In Canada (Attorney General) v. Medline Canada Corporation, 2026 FCA 74, the Attorney General had appealed from a decision of the Canadian International Trade Tribunal. […] Read more