Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.
Practice Area: Litigation - Judicial Review & Appeals
Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights
Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.
Judicial Review and Appeals
In litigation, the battle isn’t always over after the first decision. Protecting your interests throughout subsequent judicial review and appeals processes requires expertise, experience and skilled advocacy.
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Litigation Law [Video]
In this video, Frank Cesario discusses five of the key differentiating factors about Canadian litigation that U.S. organizations should be aware of including: damages, document production and discovery, costs, mandatory mediation and differences in court structure.
Setting up Shop in Canada? What U.S. Employers Need to Know About Litigating in Canada
While Canada and the United States are alike in many respects, there are a few key differences in litigation law that U.S. organizations should be aware of if you are considering buying, selling or operating a business in Canada.
On behalf of a financial institution, defeated a judicial review application of a Canadian Human Rights Commission decision in Federal Court.
On behalf of a financial institution, defeated a judicial review application of a Canadian Human Rights Commission decision in Federal Court.
Successfully represented a financial institution in the Federal Court of Appeal in a judicial review application relating to human rights and Canada Labour Code issues.
Successfully represented a financial institution in the Federal Court of Appeal in a judicial review application relating to human rights and Canada Labour Code issues.
Successfully represented a school board at the Divisional Court with respect to a motion seeking leave to intervene in a judicial review application.
Successfully represented a school board at the Divisional Court with respect to a motion seeking leave to intervene in a judicial review application.
Successfully represented a university at a judicial review application at the Divisional Court where an arbitration award upholding the dismissal of a professor was challenged.
Successfully represented a university at a judicial review application at the Divisional Court where an arbitration award upholding the dismissal of a professor was challenged.
Successfully upheld the decision of a large public sector employer to dismiss an employee with more than 20 years service for cause based on negligent performance of duties. Successfully upheld arbitrator’s decision on judicial review (leave to Court of Appeal denied).
Successfully upheld the decision of a large public sector employer to dismiss an employee with more than 20 years service, for cause, based on negligent performance of duties. Successfully upheld arbitrator’s decision, on judicial review, in superior court (leave to Court of Appeal denied).