Judges’ Book of Authorities

Frequently relied on cases are supplied to each Divisional Court judge as directed by Part V the Consolidated Practice Direction for Divisional Court Proceedings. There will be additions to, and deletions from, the Book from time to time.

The cases in question appear on this list under various headings or topics which are not in any way intended to provide legal advice.

In preparing Books of Authorities, counsel need no longer include authorities contained in the Judges’ Book. However, extracts from those authorities to which counsel intend to refer should be included in the Book of Authorities filed.

Prematurity in judicial review

  1. Volochay v. College of Massage Therapists of Ontario, 2012 ONCA 541, 111 O.R. (3d) 561.
  2. Ontario College of Art v. Ontario (Human Rights Commission) (1993), 11 O.R. (3d) 798 (Div. Ct.).

Divisional Court Jurisdiction under the Judicial Review Procedure Act

  1. Setia v. Appleby College, 2013 ONCA 753.

Jurisdiction of tribunals to determine questions of constitutional law

  1. R. v. Conway, 2010 SCC 22, [2010] 1 S.C.R. 765.

Standard of review in appeals of judges’ orders

  1. Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235.

Standard of Review in administrative law

  1. Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190.
  2. Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association, 2011 SCC 61, [2011] 3 S.C.R. 654.
  3. Rogers Communication Inc. v. Society of Composers, Authors and Music Publishers of Canada, (SOCAM), [2012] 2 S.C.R. 283.
  4. McLean v. British Columbia (Securities Commission), 2013 SCC 67, [2013] 3 S.C.R. 895.
  5. First Ontario Realty Corporation Ltd. v. Deng, 2011 ONCA 54.
  6. C.U.P.E. v. N.B. Liquor Corporation, [1979] 2 S.C.R. 227.

Adequacy of Reasons in administrative law cases

  1. Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board), 2011 SCC 62, [2011] 3 S.C.R. 708.

Procedural Fairness

  1. Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817.
  2. IWA v. ConsolidatedBathurst Packaging Ltd., [1990] 1 S.C.R. 282.
  3. Canada (Attorney General) v. Mavi, 2011 SCC 30, [2011] 2 S.C.R. 504

Reasonable apprehension of bias

  1. R. v. S. (R.D.), [1997] 3 S.C.R. 484

Review of abuse of discretion

  1. C.U.P.E. v. Ontario (Minister of Labour), 2003 SCC 29, [2003] 1 S.C.R. 539.

Admissibility of Affidavit Evidence in judicial review applications

  1. 142445 Ontario Limited (Utilities Kingston) v. International Brotherhood of Electrical Workers, Local 636 (2009), 251 O.A.C. 62 (Div. Ct.).
  2. Re Keeprite Workers’ Independent Union et al. and Keeprite Products Ltd. (1980), 29 O.R. (2d) 513 (C.A.).

Validity of Regulations

  1. Katz Group Canada Inc. v. Ontario (Health and Long‑Term Care), 2013 SCC 64, [2013] 3 S.C.R. 810.

Interlocutory Relief

  1. RJR MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311.