Interpretation of consultation required by statute was not unreasonable

Public Law – Public authorities – Ministries and departments

Public interest group sought judicial review of appointment of ethics commissioner . Federal Court dismissed application for judicial review finding that Governor in Council’s interpretation of level of consultation required by statute was not unreasonable. Group appealed. Appeal dismissed. Governor in Council’s view of what statute required was not unreasonable. As for argument that Governor in Council was biased, nature of scheme made such situation inevitable.

Democracy Watch v. Canada (Attorney General) (2020), 2020 CarswellNat 141, 2020 FCA 28, J.D. Denis Pelletier J.A., Gleason J.A., and Laskin J.A. (F.C.A.); affirmed (2018), 2018 CarswellNat 10027, 2018 CarswellNat 8394, 2018 FC 1290, 2018 CF 1290, Cecily Y. Strickland J. (F.C.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Relocation disputes surge in family law litigation, says Lerners LLP’s Ryan McNeil

Ont. CA confirms future harm risk not compensable in contaminated medication class action

Law Commission of Ontario announces new board of governors appointments

Ontario Superior Court upholds ‘fair dealing’ in franchise dispute

Ontario Superior Court orders retrial for catastrophic impairment case due to procedural unfairness

LEAF celebrates 39 years fighting gender-based discrimination at annual Evening for Equality gala

Most Read Articles

Ontario Superior Court confirms License Appeal Tribunal cannot award punitive damages

Ontario Court of Appeal denies builder's request for a trial on damages in a real estate dispute

Ontario Superior Court grants extension for service of expert reports in medical negligence case

Relocation disputes surge in family law litigation, says Lerners LLP’s Ryan McNeil