This is the text of my speaking remarks to the 42nd Annual Workers’ Compensation Boards Conference in Quebec City last week. With thanks to Claude for helping to turn my dictated notes into the readable document you are about to review! I would like to begin with two vignettes, separated by about four years. Around […] Read more

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