In my paper celebrating Vavilov’s fifth anniversary, I argued that the legal and factual constraints central to the application of the reasonableness standard of review have an objective character: it is up to reviewing courts to determine whether, in any given case, a particular legal or factual consideration constrains an administrative decision-maker. If the decision-maker has given […] Read more

This is going to be the first of three posts. I thought this would be a case note on a recent decision but it turns out there is quite a bit of throat clearing to do before I get there: Traditionally, the functus officio rule applies to administrative tribunals. Once a decision-maker has made a […] Read more

I have posted my paper “Remoulding Administrative Law” in honour of Justice Gerard Hogan of the Irish Supreme Court to SSRN: This is an essay celebrating the contributions of Justice Gerard Hogan of the Irish Supreme Court to the development of the law of judicial review. Comparing his early academic writings in the 1980s with […] Read more

I have written extensively on Charter values in Canadian administrative law, most recently extolling the virtues of Campbell J’s decision in Eveley (see here). In this post, I will describe a recent decision from New Brunswick that is soon going to be the subject of an appeal in the Supreme Court of Canada but first note decisions in other […] Read more