The Bullet-Proof Administrative Decision-Maker: Maximizing the Chances of Surviving a Judicial Review

13 Pages Posted: 29 Dec 2020

See all articles by David Stratas

David Stratas

Government of Canada - Federal Court of Appeal

David Williams

Federal Court of Appeal

Date Written: October 26, 2020

Abstract

To some, the law of judicial review of administrative action is complicated, challenging and ever-changing. It can seem like a trap for the unwary.

It is hard enough for administrative decision-makers who have legal training to avoid being reversed on judicial review. It is harder for those without legal training.

In this article, we hope to help Canadian administrative decision-makers by providing practical tips on how to minimize the chances of their decision being quashed on judicial review. In so doing, we hope to improve the standard of administrative decision-making generally — by and large, administrative decisions that withstand judicial review are more likely to be good administrative decisions.

Keywords: administrative law, judicial review

Suggested Citation

Stratas, David and Williams, David, The Bullet-Proof Administrative Decision-Maker: Maximizing the Chances of Surviving a Judicial Review (October 26, 2020). Available at SSRN: https://ssrn.com/abstract=3719276 or http://dx.doi.org/10.2139/ssrn.3719276

David Stratas (Contact Author)

Government of Canada - Federal Court of Appeal ( email )

90 Sparks Street
Ottawa, Ontario K1A 0H9
Canada

David Williams

Federal Court of Appeal ( email )

Ottawa, Ontario K1A 0G5
Canada

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