Category Archives: Judicial Review Applications

SCC Replaces the Oakes Test with the Reasonableness Standard

Over the last several years, the Supreme Court of Canada has released numerous administrative law decisions where it found that the reasonableness standard of review should replace other standards.  On March 22nd 2012, in Dore v. Burraeu du Quebec, 2012 SCC 12, the Court extended this trend to proclaiming that the reasonableness standard should replaceContinue Reading

When the Court Will Award Costs [Last Update July 9 2011]

In this post, which will be updated frequently, I will be looking at scenarios where the Federal Court ordered costs. I’m hoping that this post can become a useful reference for Federal Court practitioners.Continue Reading

Converting from Judicial Review to an Action

Clients often ask me why federal court actions are limited to judicial reviews.  They want to know why it is that they can introduce new evidence and call witnesses at the Immigration Appeal Division, an administrative tribunal, but not in court. There are numerous reasons why federal court actions are limited to judicial review. TheContinue Reading

Staying Removal

People issued removal orders often want to know how long they can stay in Canada before they have to leave, and if there is a chance to defer removal.Continue Reading