Toronto Administrative Law Lawyers | Public Law
Regulatory Compliance and Defence Lawyers in Ontario
Ontario and Federal Boards, Commissions, Agencies and Tribunals
Judicial Review and Appeal to Ontario Superior Court of Justice
Public Law | Judicial Review of Administrative Decisions
Administrative law covers an extremely broad range of human activity that occurs in the context of government action. Whether the setting is a business dispute, a professional liability dispute, a property dispute, or other industry related disputes, Gilbertson Davis LLP can provide practical representation for your litigation needs.
Business Sectors Affected by Administrative Law
Administrative law intersects with a variety of industries and professions, including but not limited to, lawyers, physicians, surgeons, healthcare practitioners, real estate, mining, casinos, intellectual property, agriculture and farming, cannabis, construction, textiles and apparel, trucking and transportation, travel and tourism, aviation and marine industries, charities, and many more.
New government regulations may affect the competitiveness of your business within Ontario, federally, or even internationally. Disputes arising regarding what rules, procedures, or guidelines to follow are often addressed through administrative tribunals, and sometimes subsequently through judicial review. Gilbertson Davis LLP can advocate for or against a myriad of administrative law disputes including, but not limited to, license renewals, regulatory challenges, land-use amendments, and disciplinary charges.
Some Ontario Administrative Law Bodies
- Alcohol and Gaming Commission of Ontario (AGCO)
- Ontario Securities Commission (OSC)
- Financial Services Commission of Ontario (FSCO)
- Human Rights Tribunal of Ontario (HRTO)
- Real Estate Council of Ontario (RECO)
- Travel Industry Council of Ontario (TICO)
- Ontario Labour Relations Board (OLRB)
- Law Society Tribunal (LST)
- Condominium Authority Tribunal (CAT)
- Horse Racing Appeal Panel (HRAP)
- Ontario College of Teachers (OCT)
- College of Chiropodists of Ontario (COCOO)
- College of Massage Therapists of Ontario (CMTO)
- College of Nurses of Ontario Discipline Committee (CNO)
- College of Occupational Therapists of Ontario (ONCOT)
- College of Optometrists of Ontario (ONCO)
- College of Physicians and Surgeons of Ontario (CPSO)
- College of Physiotherapists of Ontario (CPO)
- College of Psychologists of Ontario (CPO)
- Health Professions Appeal and Review Board (HPARB)
- Health Services Appeal and Review Board (HSARB)
- Ontario Civilian Police Commission (OCPC)
- Ontario College of Early Childhood Educators (CECE)
- Ontario College of Pharmacists Discipline Committee (CPDC)
- Ontario Physician Payment Review Board (PPRB)
- Ontario Workplace Safety and Insurance Board (WSIB)
- Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT)
Some Federal Administrative Law Bodies
- Canada Agricultural Review Tribunal (CART)
- Canada Industrial Relations Board (CIRB)
- Canada Human Rights Tribunal (CHRT)
- Canadian International Trade Tribunal (CITT)
- Competition Tribunal
- Federal Public Sector Labour Relations and Employment Board (FPSLREB)
- Investment Industry Regulatory Organization of Canada (IIROC)
- Labour Arbitration Awards (CALA)
- Mutual Fund Dealers Association of Canada (MFDA)
- Occupational Health and Safety Tribunal Canada (OHSTC)
- Trade-marks Opposition Board (TMOB)
The above lists do not represent a comprehensive account of all the administrative bodies in Ontario or at the Federal level, but rather a mere selection of a few common ones. Gilbertson Davis LLP can represent clients in any administrative dispute, regardless of the forum or administrative body.
The Increasing Regulation of Business Activities
Business activities are increasingly regulated, from registering your business to human resource regulations involving hiring, labour standards, wages, and employment equity. Even marketing, advertising, and sales are heavily regulated, and more modern regulations cover areas of privacy, anti-spam legislation, and more intensive environmental regulations. Other areas of regulation include: health and safety, exporting, importing, building codes, etc. With increased regulation comes an increased number of duties and obligations attached to business enterprises. Gilbertson Davis LLP can advise as to your rights and obligations in relation to regulations affecting your business activities.
The Ontario Superior Court of Justice can review decisions of administrative tribunals, boards, agencies, or commissions. This functions to ensure that administrative bodies are acting within the limits of their statutorily conferred authority. Judicial review may be utilized to evaluate outcomes or the process of decision-making itself. The standard of review that is appropriate – either a correctness standard or a reasonableness standard – is determined on a case-by-case basis.
Legitimate expectations of procedural fairness deriving from the right to be heard and the right to be judged impartially, is also an area that is often reviewed. Moreover, a duty of fairness exists that may ensure an individual has certain rights in relation to hearings. Not only must an administrative decision-maker be free from bias, they must appear to be so. Ensuring administrative tribunals are independent and lack any biases when making decisions is also a central consideration. Gilbertson Davis LLP can advise as to whether any of these grounds for judicial review may apply to your unique situation.
Monetary damages are less common in the realm of administrative law, though there are various circumstances where this form of compensation may be available. Injunctions and various urgent equitable remedies may be available – please see Gilbertson Davis LLP’s related page for more information. A Court may also order the administrative body in the litigation to comply with its statutory duty. Alternatively, a Court may order a tribunal to reconsider their decision or prevent a tribunal from deciding a matter that it does not have jurisdiction over.
Why Gilbertson Davis LLP?
Gilbertson Davis LLP can provide advisory stage assistance, attend on administrative tribunal hearings, disciplinary committee hearings, and various other first-instance administrative hearings, and also represent you when your matter requires judicial review at the Ontario Divisional Court, or representation at the Ontario Court of Appeal.
Our firm has lawyers with considerable experience advocating in a strategic client-centric fashion. Gilbertson Davis LLP has lawyers who can serve your needs in this practice area through results-oriented representation. We are ethical, professional, and practical. We strive to resolve our clients’ disputes efficiently through the provision of quality legal services at reasonable rates. Gilbertson Davis LLP is a firm, which has nearly 35 years of practice in Toronto, Ontario in various related practice areas.
Please contact Gilbertson Davis LLP to arrange an initial consultation.
Call: (416) 979-2020
Thank you for your interest in Gilbertson Davis LLP. Please note that we do not offer contingency retainers. In addition, we do not offer retainers in any cases where the amount in dispute is less than $50,000.
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