Public and Administrative Law
The firm has a diverse public and administrative law practice, which includes acting before and on behalf of provincial and federal administrative tribunals in judicial review proceedings, administrative appeals, and constitutional challenges.
Lawyers in our public and administrative law group have appeared before all levels of court, including the Supreme Court of Canada, and have argued some of Canada’s leading public and administrative law cases. Our lawyers have also written extensively on a vast array of public and administrative law issues and are frequently asked to speak on the latest developments in their respective areas of expertise.
- Representative Work
Rob Centa and Michael Fenrick represented a major federal political party on an application for judicial review regarding whether or not the party’s decisions rejecting the applicant’s candidacy for the leadership of the party are properly the subject of judicial review under the Judicial Review Procedure Act. Graff v New Democratic Party, 2017 ONSC 3578 (CanLII),
Don Eady, Nini Jones, Jodi Martin, Emily Home and Glynnis Hawe represented a group of intervenors who challenged the right of the Provincial Government to change the City of Toronto election ward boundaries in the midst of an election campaign. They were successful at the first instance. See http://canlii.ca/t/httrh. That decision was stayed by the Court of Appeal. See http://canlii.ca/t/hv54t. The appeal before the Court of Appeal is ongoing and will be heard by a 5 member panel of the Court of Appeal on June 10 and 11, 2019. Paliare Roland represented the intervenors on a pro bono basis.
Megan Shortreed and Michael Fenrick acted for the Criminal Injuries Compensation Board in a case that determined that the Board has standing to bring a motion to quash an appeal from its own decision, and that no appeal lies from an interlocutory decision of the Board: Sazant v. R.M. and C.I.C.B., 2010 ONSC 4273.
At the Supreme Court of Canada, Richard Stephenson, Danny Kastner and Jodi Martin successfully represented the Public Interest Advocacy Centre (PIAC), acting in support of the Consumers Association of Canada and the National Anti-Poverty Organization in Bell Canada v. Bell Aliant Regional Communications, 2009 SCC 40. The court agreed with PIAC's position that telecommunications service providers had overcharged telephone customers in the amount of approximately $300 million. The court ordered the amount rebated to customers.
Chris Paliare and Andrew Lokan (together with Ecojustice) in Friends of the Earth v. Canada (Governor in Council), 2008 FC 1183 represented Friends of the Earth in a judicial review application in the Federal Court to compel the federal government to comply with the provisions of the Kyoto Protocol Implementation Act, requiring the government to develop and implement a plan to achieve compliance with Canada's obligations to reduce greenhouse gas emissions under the Kyoto Protocol.
Linda Rothstein and Megan Shortreed acted for the College of Nurses on a case which resolved important issues with respect to the interpretation of the Personal Health Information Protection Act (“PHIPA”) – in particular whether occupational health records of an employee who is a member of the College may be disclosed to the College and used in the course of a discipline investigation when the employee has not given consent to the disclosure: Hooper v. College of Nurses of Ontario 2006 CanLII 22656 (Ont. Div. Ct.).