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Stevenson Whelton regularly represents clients before administrative tribunals and challenges administrative decisions
Administrative law involves decision-making by tribunals instead of courts of justice. These include labour boards, the Licence Appeal Tribunal (which has jurisdiction over many Ontario licensing matters and Tarion new home warranty disputes), disciplinary proceedings at educational institutions and before professional regulatory bodies, employment standards disputes and human rights proceedings.
Administrative law also involves cases where a party who receives a negative decision from an administrative tribunal challenges that decision in court, or where an impacted party wants to challenge decisions of certain private or government bodies, for example the issuance of a permit by a particular ministry.
Stevenson Whelton’s lawyers have extensive experience both representing parties before tribunals and in challenging tribunal or other government decisions before the courts. We regularly provide administrative law services to individuals, businesses, professional regulators and government bodies.
- Kohen v. Warner, 2018 ONSC 3865
Stevenson Whelton partner, Richard Macklin, was appointed as a "friend of the [Divisional Court]" in this landlord appeal. The case deals with the test for a landlord evicting a tenant on grounds that the landlord intends to have a family member live in the premises. Here, the proposed occupation was too seasonal and the landlord's appeal was dismissed
- Singh v. PCPO, 2018 ONSC 203 (Div.Ct.)
Stevensons partner Richard Macklin and associate Arina Joanisse acted on this appeal of an evidentiary ruling, within a judicial review, in a Provincial election case. This case is important as it sets a test for settlement privilege when the settlement overture is in oral as opposed to written form. The case has also been cited for the standard of review test and adjudication of the public interest costs test.
- Paudash Shores Cottagers Association v. Ontario (Ministry of Natural Resources), 2012 ONSC 2839
Successfully challenged the issuance of a pit permit by the ministry of natural resources through judicial review. Compiled historical evidence of the use of the property in question to establish that the pit was not a legal non-conforming use.