Administrative law resource centre
David Stratas
Brief bio Long bio Public law experience Recent conference presentations
|
Heenan Blaikie
LLP |
(416) 643-6846 |
(A note to those who find this page as a result of a search engine: Any material on this page is not legal advice. In order to get legal advice concerning a specific issue, you need to meet a legal professional, explain your situation and obtain his or her advice. Material on this site is intended as a general source of information and opinion, and a library for my own use, and is not regularly updated -- new legal developments may have rendered some of the information and opinion out of date.)
Web pages (with clickable links)
General administrative law - case list
(emphasis on Ontario cases and Supreme Court cases)
Discretions exercised by judicial review courts - case list
Charter remedies: 24(1), 24(2) and s. 52 of the Constitution Act, 1982 - case list
Dunsmuir resource centre
Some articles by David Stratas on administrative law
(Warning: articles are current only to the dates on which they were written.
They may not be up to date. They may not represent the current state of the law.)
"Damages as a remedy against administrative authorities: an
area needing clarification"
"Dunsmuir v. New Brunswick: Old Wine in a New Bottle"
(with clickable links to all decisions cited)
(with clickable links to all decisions cited)
"The Bullet-Proof Tribunal: Making Decisions That Survive Judicial Scrutiny"
(paper presented at the COBA conference, November 2, 2006)
French language version can be found here.
"Decision-makers under new scrutiny: sufficiency of reasons and timely decision-making"
"Note on SCC’s decision in Tranchemontagne v. Ontario"
"The Charter in administrative law: unfulfilled promises and future prospects"
"The Canadian Bill of Rights: an emerging tool in constitutional cases?"
"Public law remedies: the next five years" (presented to the OCA, September, 2004)
"Civil liability in administrative law: recent developments and future prospects"
"Procedurally shy, substantively bold: conflicting approaches to constitutional review"
"Multani: a fundamentally flawed decision?"
"Litigating Charter rights at the Workplace Safety and Insurance Appeals Tribunal"
(deals with applicability of the Charter to administrative tribunals, the Martin test, the construction of remedies under Doucet-Boudreau,
and procedural questions concerning the litigation of constitutional issues before tribunals)
"'Crossing the Rubicon': the Supreme Court and regulatory investigations"
(analysis of R. v. Jarvis, [2002] 3 S.C.R. 757
"Regulatory Cooperation: some constitutional considerations"
(Charter and administrative law issues concerning transfers of information between branches of an agency,
between agencies, and international regulatory cooperation)
"Interagency cooperation" (powerpoint presentation)
"Remedies (s. 24(1) and s. 52)" (powerpoint presentation)
"Constitutional practice and procedure in administrative tribunals: an emerging issue"
(comment on Kelly v. Ontario and when one can raise a constitutional issue in court, bypassing the jurisdiction of an administrative tribunal)
Legal writing
"Walking on thin ice: exploiting strengths and managing weaknesses"
