Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: administrative tribunals

When a Tribunal’s Reasons Won’t Fly: SCC in Lukács addresses supplemental reasons and public interest standing

Posted in Administrative, Case Comments

In Delta Air Lines Inc. v. Lukács, 2018 SCC 2 (“Lukács”), the Supreme Court of Canada addressed two important issues in administrative law. First, the Court addressed the role that a Tribunal’s reasons play in judicial review for substantive error. Second, the Court addressed principles relating to public interest standing, including standing before regulatory tribunals.

Background

Dr. Lukács was a self-described airline passenger advocate. Although not an obese person himself, he took issue with a policy of the appellant airline that sometimes resulted in obese passengers being moved to a different section of the airplane or bumped … Continue Reading

Correctness is “Fashionable”, But in a Bad Way: SCC broadens scope for administrative tribunals and securities commissions

Posted in Administrative, Case Comments, Securities

The Supreme Court of Canada has released what may be the most important administrative law appeal of the year in McLean v. British Columbia (Securities Commission), reaffirming the deference that administrative tribunals are owed when interpreting their “home” or closely related statutes and expressly seeking – as always, it seems – to foster greater “predictability and clarity”. The case represents the Court’s first return to inter-provincial securities regulation issues since the Reference re. Securities Act, 2011 SCC 66.

Continue Reading