Creative problem-solving and effective advocacy
This publication is essential for: counsel at all levels of administrative law practice, administrative law decision-makers, and judges in superior and federal courts.
Current to: July 1, 2015
The British Columbia Administrative Law Practice Manual provides a framework for lawyers who practice before and represent administrative law decision-makers in British Columbia, as well as decision-makers themselves and judges. This framework, along with helpful hyperlinks to legislation, case law, and other decisions, creates a unified resource for counsel in administrative law proceedings, judicial review, statutory appeals, and stated cases. The manual covers both federal and provincial decision-makers and proceedings in both federal and British Columbia superior courts. Lawyers will find practical advice on how to conduct themselves at all levels of representation, the roles of various parties, how to avoid common pitfalls, practice tips on effective advocacy and drafting, and dealing with unrepresented parties.
The book is updated regularly. Subscriptions include online access with search capability and links to the full text of case law and legislation.
Highlights of the 2015 Update
- standard of review applicable to administrative officers; entitlement of tribunals to deference in interpreting home statute: developing Supreme Court of Canada jurisprudence
- powers of tribunals to reconsider their own decisions
- which decisions are reviewable in cases where there has been reconsideration
- First Nations as administrative law decision-makers (“federal board, commission or other tribunal”; applicability of Judical Review Procedure Act)
- imminent tribunal “clustering” in British Columbia; effect on impartiality and independence
- prospective asynchronous, electronic tribunal hearings in British Columbia
- new annotated sample petitions for judicial review in Supreme Court of British Columbia
- amended Federal Courts Practice Directions
- new appellate jurisprudence on certiorari (role in criminal judicial review; relationship to habeas corpus)
- case law on bases to seek leave to intervene at BCCA
- appellate case law on the record at judicial review proceedings
- appellate case law on the scope of a tribunal’s exclusive jurisdiction
- appellate case law on latitude for tribunal to defend merits of its decision where there is no other respondent on judicial review
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CLEBC Legal Editor
L. Joy Tataryn