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Judicial Review of Statutory Authority

PUBLIC LAW - Judicial Review of Statutory Authority

The limits of government authority are often defined by legislation, and our lawyers have been at the forefront of cases relating to the limits of the statutory authority of governments and their agencies. These cases include the following:

  • We acted for the applicant in obtaining judicial review of the provincial government's funding decision regarding a child suffering from severe disabilities. N.(R.) (Litigation Guardian of) v. Ontario (Minister of Community, Family and Children's Services) (2004), 70 O.R. (3d) 420 (Div. Ct.).

  • In C.U.P.E. v. Ontario (Minister of Labour), [2003] 1 S.C.R. 539 we acted for the Canadian Bar Association which intervened in a case that successfully challenged the Minister's exercise of discretion to appoint retired judges as arbitrators to resolve disputes under hospital labour legislation.

  • In Ainsley Financial Corp. v. Ontario Securities Commission (1994), 21 O.R. (3d) 104 (C.A.) we acted for the successful plaintiff concerning the jurisdiction of the tribunal to make policies and rules giving rise to a Task Force that made recommendations, since acted upon, for sweeping amendments to Ontario's Securities Act.

  • Our lawyers successfully acted for Ontario's workers compensation tribunal in successfully defending a number of challenges to the province's workers' compensation legislation based on the equality rights and other provisions of the Charter. One such case was Medwid v. Ontario (1988), 63 O.R. (2d) 578 (H.C.J.).