Administrative Law Conference 2013


Course Date: October 28, 2013

Total: 5h 11min

Welcome and Introduction

Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, Victoria
Angus M. Gunn, QC — Borden Ladner Gervais LLP, Vancouver

Opening Address

The Honourable Mr. Justice Marshall Rothstein — Supreme Court of Canada, Ottawa

The Year in Review: Recent Developments in Administrative Law

  • standards of review
  • reasons
  • issue estoppel and multiple forums
  • procedural fairness
  • protecting solicitor-client privilege in the administrative process
  • standing
  • costs

David Phillip Jones, QC — de Villars Jones, Edmonton

Networking Break

Year in Review: British Columbia Case Law

  • recent developments of interest in BC jurisprudence, including the ATA

Maureen E. Baird, QC — Lunny Atmore LLP, Vancouver
Karrie A. Wolfe — Ministry of Justice, Victoria

Applying Charter Values in the Administrative Justice Sphere Post-Dore

  • the challenges and practical realities of integrating Charter values into the exercise of discretion and application/interpretation of statutes, particularly by adjudicative and regulatory bodies
  • the scope of those Charter values and the methods by which those values can and should be balanced against legislative objectives
  • challenges in dealing with self-represented litigants and decision-makers who may or may not have legal training
  • should agencies, boards, and tribunals adopt court-based Charter practice or develop their own distinct approach?
  • how can transparency, consistency, and coherence be assured in the development of Charter values in the administrative justice sphere?

Lorne Sossin — Dean and Professor, Osgoode Hall Law School, Toronto

Networking Lunch

Ethical Issues Before, During, and After Hearings Before Administrative Tribunals

  • Code of Professional Conduct: counsel’s duties to administrative tribunals
  • section 28 of the Administrative Tribunals Act and “med/arb”
  • recusal of a panel member: when and how?
  • counsel/board communications and issues of familiarity
  • issues arising with the expiration of members’ terms
  • allegations of bias and systemic bias arising from decisions
  • restricting lawyer participation before tribunals 
  • board intervention: when is it appropriate?

John H. Shevchuk — Lex Pacifica Law Corporation, Vancouver
Cheryl L. Vickers — Chair, Property Assessment Appeal Board, Richmond

Judicial Review: Practice Overview

  • a practitioner's guide to judicial review
  • when is judicial review available?
  • who has standing and who should be named as the respondent?
  • practical considerations relating to standard of review
  • determining the grounds for judicial review
  • have adequate alternative remedies been exhausted? delay? time limits?
  • what is the nature of the order sought? remedies? costs?

Leah Greathead — Ministry of Justice, Victoria
David W. Mossop, QC — Community Legal Assistance Society, Vancouver

Networking Break

Debate: "Be it resolved that the legislature repeal ss. 44 and 45 of the Administrative Tribunals Act, which prohibit administrative tribunals from considering constitutional questions."

Moderator:
Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, Victoria

Arguing in Favor of the Resolution:
David Phillip Jones, QC — de Villars Jones, Edmonton
Lorne Sossin — Dean and Professor, Osgoode Hall Law School, Toronto

Arguing Against the Resolution:
Leah Greathead — Ministry of Justice, Victoria
Geoffrey Plant, QC — Heenan Blaikie LLP, Vancouver

Closing Remarks and Wrap-up

Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, Victoria
Angus M. Gunn, QC — Borden Ladner Gervais LLP, Vancouver