Papers & Presentations

Vavilov is the sixth attempt in 50 years by the Supreme Court of Canada to grapple with standards of review.  The reasons in Vavilov are quite extensive, and provide a great deal of food for thought. The majority changes some of the previous...

In December 2019, the Supreme Court of Canada rendered its much-anticipated decisions in the “trilogy” dealing with the scope of judicial review and the standard of review. These cases reformulated how standards of review are to be determined in...

Some of David Phillip Jones, Q.C.’s initial points about the SCC decision in Vavilov. This paper was delivered to the CBA North Administrative Law Section in May 2020. It will also identify areas which Vavilov does not deal with, or which bear...

Last December, the Supreme Court of Canada heard three appeals to consider the nature and scope of judicial review of administrative action and addressing the standards of review set out in Dunsmuir and subsequent cases. In anticipation of the...

This case involved a minor child’s mother bringing an application against the child’s father’s estate for family maintenance and support outside of the six month limitation period.  The decision gives guidance to those bringing such applications...

These are the speaking notes from David Phillip Jones, Q.C.’s presentation to the NWT Law Society in June 2019. These speaking notes address two particular issues: a. conflicts which arise when a lawyer is acting for a corporation, and then the...

Dower is a property right that vests upon the death of the owning spouse. Frequently, dower rights are coming into play during a family maintenance and support claim.  This paper looks at how dower is valued and how it interacts with a family...

Essential concepts in reviewing the nature and scope of judicial review1. What is the purpose of judicial review?2. Recognition of the sources of the courts’ authority to review decisions or actions by statutory delegates3. The distinction between...

The past year has once again provided a number of interesting administrative law decisions which highlight the complexities encountered in judicial reviews and appeals. Cases involving standards of review and jurisdiction have been particularly...

In addition to the cases noted in my annual paper, the following very recent decisions also deserve comment: 1. Garneau Community League v. Edmonton (City)—Capilano (Round Two) 2. Barreau du Québec v. Quebec (Attorney General)

In addition to the cases noted in Part I of my annual paper, the following very recent decision by the Supreme Court of Canada also deserves comment. Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Limited 2016 SCC 47 On 4 November...

The most interesting administrative law decisions of the past year once again highlight the increasingly complex standards of review analysis and the disagreement amongst the judiciary about which standards apply and how to apply them. Other...

Although there haven’t been any seismic shifts in administrative law this past year, there have been quite a few decisions which are worthy of note. Many of these decisions continue to work out how to determine—and apply—the applicable standard of...

The purpose of this paper is to identify and review the principles guiding family maintenance and support (FMS) applications in Alberta. It will take a brief look at the history of FMS legislation and outline the general principles that apply to...

Mr. Justice Stratas of the Federal Court of Appeal recently described administrative law asa machine that… has many moving parts, the interrelationship of which often is not understood…. And the role of courts in administrative law as… mediat[ing]...

The past year has once again seen a considerable number of decisions which highlight the complexities of administrative law. The most noteworthy decisions are three decisions of the Supreme Court of Canada—one dealing with standards of review, one...

The past year has seen a considerable number of administrative law decisions. Most of the significant decisions have come in the area of standards of review, a concept which is continuing to attract judges’ attention, discussion and disagreement....

The creation of a founding myth during times of celebration enabled the Alberta government to use heritage for its contemporary agenda. Although the myth was intended to be unifying, various divisions emerged such as a hinterland/metropolis...

It seems appropriate to begin this year’s paper with the following judicial observation: "The process for judicial review of the decisions of administrative tribunals is among the most difficult of common law creations to rationalize and apply. The...

The goal of this paper is to highlight significant developments in administrative law over the past year. The Supreme Court of Canada has not issued any earth-shaking or concept-changing administrative law decisions during the last year. Although...

Like in previous years, this paper highlights significant developments in administrative law over the past year. Decisions of the Supreme Court of Canada, provincial appeal courts and other noteworthy judicial and legislative trends will be...