Rarotonga, 2010

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Administrative Law

Administrative law is something that sounds very boring, and no doubt for some it is, but as time goes by more and more legal issues that matter to people are consumed by it. Residential landlord & tenant, social assistance, (most of) auto insurance, employment, labour, WSIB and many other varied and important areas of law are all administrative.

While generally governed by the Statutory Powers Procedures Act (SPPA) [the subject of it's own Isthatlegal Administrative Law (SPPA) Legal Guide], each of these areas of 'admin' law is unique and must be studied thoroughly when used. Most of that study focusses on the statutes, regulations and any number of rules, interpretation guidelines - and even the forms matter. But that's not to forget the 'common law' of admin law, in particular administrative 'fairness' and 'natural justice'.

The Canadian law of administrative appeals and judicial review underwent a substantial revision with the 2019 case of Vavilov, which ostensibly was restricted to the issue of standard of review, but effected several other areas as well.

Fairness
Natural Justice
Standing
Reasons for Decision
Reconsideration
Functus Officio
Representation
Gate-Keeping
Independence of Administrative Adjudicators
Costs under the SPPA
Service

Appeals
Appellate Standard of Review (pre-Vavilov)
Vavilov
Appellate Standard of Review (post-Vavilov)

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