CLEBC - Courses On Demand

Fundamentals of Judicial Review 2024

Course Date: May 9, 2024

Full Course Materials

Total: 4h 34min

Total Ethics: 55min

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Laurel Courtenay — Ministry of Attorney General, Legal Services Branch, Vancouver
Andrew D. Gay, KC — Gudmundseth Mickelson LLP, Vancouver

The Mechanics of an Application for Judicial Review (9:10 – 10:00)

what decisions can be challenged by way of judicial review
who are the proper petitioner and respondent
who do you serve
time limits
seeking a stay
key elements of a petition and affidavit
what other pleadings are needed
managing client expectations

Meera Bennett — Ministry of Attorney General, Legal Services Branch, Vancouver
Jaime H. Hoopes — Roper Greyell LLP, Vancouver

How to Start: Petition or Action (10:00 – 10:50)

evidence
role of the court
referring petitions to trial list
remedies
cases on collateral attack

Brent Olthuis, KC — Olthuis van Ert, Vancouver

BREAK (10:50 – 11:05)

The Record (11:05 – 11:55)

what is the record?
when is evidence outside the record admissible?
who puts the record before the court?
how to put the record before the court

Katherine A. Hardie — BC Human Rights Tribunal, Vancouver

NETWORKING LUNCH (provided to in-person registrants) (11:55 – 12:55)

The Role of the Tribunal on Judicial Review (12:55 – 1:40)

traditional standing: jurisdiction, standard of review, the record
when can the tribunal play a larger role?
costs awards

Mark G. Underhill, KC — Arvay Finlay LLP, Vancouver

A Refresher on Standard of Review (1:40 – 2:25)

what is a standard of review
why is it important to understand the standard of review when advising a client (including a decision-maker) and when drafting or responding to a petition
how does reasonableness review work post-Vavilov (and what are the current exceptions to reasonableness review)?
the standard of review if BC's Administrative Tribunals Act applies
the standard of review on a statutory appeal

Kaitlyn Chewka — Lovett Westmacott, Victoria

BREAK (2:25 – 2:40)

Federal Court Judicial Review Practice Tips (2:40 – 3:25)

practice tips unique to Federal Court procedures
cases highlighting some of the unique features of the Federal Court Rules
significant practice cases that may assist practitioners in navigating the Federal Court

Jennifer Chow, KC — Department of Justice Canada, Vancouver
Elin Sigurdson, KC — Mandell Pinder LLP, Vancouver

View from the Bench: Tips for an Effective Presentation (3:25 – 3:55)

what to think about in framing your case
are some errors more persuasive?
what to avoid in presenting your case to the court

Justice Neena Sharma — Supreme Court of BC, Vancouver

Closing Remarks (3:55 – 4:00)

Laurel Courtenay — Ministry of Attorney General, Legal Services Branch, Vancouver
Andrew D. Gay, KC — Gudmundseth Mickelson LLP, Vancouver