tag:blogger.com,1999:blog-7665355359899630254.post4658499529783385229..comments2023-12-20T07:29:21.752-05:00Comments on Administrative Law Matters: Overlapping Jurisdiction and Access to Administrative Justice: Université McGill c. Ong, 2014 QCCA 458Paul Dalyhttp://www.blogger.com/profile/13433629868698007121noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-7665355359899630254.post-12097032753872432542014-03-23T21:00:51.488-04:002014-03-23T21:00:51.488-04:00Good points. Though few of them are interesting en...Good points. Though few of them are interesting enough to post about, I see plenty of cases that treat these questions as jurisdictional in nature. Either way, I think the SCC is going to have to sort out the categories in the near future, either by abolishing the correctness categories altogether or by defining them more precisely. My money's on the former, but I think it will be a few years before it happens :)Paul Dalyhttps://www.blogger.com/profile/13433629868698007121noreply@blogger.comtag:blogger.com,1999:blog-7665355359899630254.post-5042465675693821032014-03-21T21:52:34.201-04:002014-03-21T21:52:34.201-04:00The Superior Court recently applied the correctnes...The Superior Court recently applied the correctness standard in almost identical circumstances using the Dunsmuir category of "true questions of vires" (Commission scolaire des Affluents c. Commission des relations du travail, 2014 QCCS 684 - http://canlii.ca/t/g56k0). The potential expansion of this category has worried me since Dunsmuir came out and the jurisprudence has done little to comfort me.Finn Makelahttps://www.blogger.com/profile/15797697446236098152noreply@blogger.comtag:blogger.com,1999:blog-7665355359899630254.post-20051110039307638082014-03-18T18:04:22.715-04:002014-03-18T18:04:22.715-04:00It seems to me that the "competing specialize...It seems to me that the "competing specialized tribunals" category of Dunsmuir (para. 61) relied upon by the Quebec Court of Appeal hasn't really been put in question or downplayed in recent SCC case law the way other Dunsmuir categories have been (true questions of jurisdiction and question of law of central importance to legal system) have been. (Division-of-powers constitutional issues also appears to remain intact.)Anonymousnoreply@blogger.com