Administrative Law

Administrative tribunals have replaced the courts as the most common forum for citizens and organizations to seek justice and vindicate their rights. Labour boards, arbitration boards, human rights commissions, pension commissions, commissions of inquiry and professional regulatory bodies – these are just some of the many tribunals in which we advocate for our clients' rights. We also act for clients in judicial review and appeal proceedings before provincial and federal courts and the Supreme Court of Canada. Cavalluzzo also advises administrative agencies, regulators and tribunals on administrative law and practices.

Notable administrative representations include:

  • Canada (Attorney General) v. Hunter, in which the Firm represented Kimberly Hunter as a respondent at the Federal Court of Appeal. Canada sought judicial review of a decision holding that Ms. Hunter was entitled to EI parental benefits as a guardian of a child placed in her care for the purpose of adoption. The Court of Appeal held that the award of benefits was reasonable and dismissed the appeal. The EI adjudicative process was subsequently altered as a result of this ground-breaking decision.
  • Canadian Union of Postal Workers v. Canada Post Corporation, in which the Federal Court of Appeal considered the Canadian Union of Postal Workers' ("CUPW") appeal for judicial review of an Occupational Health and Safety Tribunal decision. That decision found that Canada Post was not obligated to ensure that all areas outside the physical Canada Post building are inspected annually. The Court of Appeal reversed the tribunal, agreeing with CUPW and holding that the Tribunal's decision was unreasonable.
  • R. v. Conway, in which the Supreme Court of Canada considered the Ontario Review Board's determination that it did not have jurisdiction to grant Mr. Conway, who was detained in a mental health centre, an absolute discharge, among other relief he was seeking. The Supreme Court agreed with the Board that it did not have the jurisdiction under its authorising statute to grant absolute discharge or order treatment. The Firm represented the Ontario Review Board.
  • Canada (Transport) v. Canadian Union of Public Employees, in which the Firm represented the Canadian Union of Public Employees at the Federal Court of Appeal. The Court reviewed Transport Canada's approval of an amendment to Sunwing Airline's evacuation protocol and held that it was not reasonable. Transport Canada had provided insufficient evidence that it had properly evaluated whether the amendment would compromise passenger or crew safety.
  • Zulkoskey v. Canada (Employment and Social Development), in which the Firm represented Tania Zulkoskey at the Federal Court of Appeal. Ms. Zulkoskey sought relief from the Canadian Human Rights Commission's dismissal of her complaint, which alleged that the government's denial of two sets of EI benefits for a couple with twins was discriminatory on the basis of family status. The Court held that the Commission's decision was unreasonable and allowed Ms. Zulkoskey's appeal.

Related Cases

Case/
27 November 2018

2130869 Ont. Ltd. v. Universal Workers Union

2130869 Ont. Ltd. v. Universal Workers Union, 2013 ONSC 1593 (Div. Ct.) This is an application for judicial review of a series of decisions of the Ont...
Case/
6 April 2018

Toronto Star v. Attorney General of Ontario

Paul Cavalluzzo, Adrienne Telford and Tyler Boggs acted for Laborers' International Union of North America and LIUNA Local 183 in Toronto Star v. Atto...
Case/
2 February 2018

Williams Lake Indian Band v. Canada (Aboriginal Affairs and Northern Development)

Paul Cavalluzzo and Adrienne Telford acted for the Intervener the Specific Claims Tribunal in Williams Lake Indian Band v Canada (Aboriginal Affairs a...
Case/
6 June 2017

Canada Post Corporation v. Canadian Union of Postal Workers

Paul Cavalluzzo and Adrienne Telford acted for the Canadian Union of Postal Workers in Canada Post v Canadian Union of Postal Workers.
Case/
6 October 2014

Legal Counsel to Commissioner Dennis O’Connor on the Arar Inquiry

Arar Inquiry: Legal Counsel to Commissioner Dennis O’Connor on the Arar Inquiry, Policy Review, which made recommendations on a review mechanism...
Case/
6 October 2014

Hazineh v. McCallion

Counsel to Mayor Hazel McCallion in successful defence of Municipal Conflict of Interest Act Application regarding Peel Region votes: Hazineh v. McCal...

Related Resources

Event/18 October 2022

Adrienne Telford and Phil Abbink Speak at 17th Annual National Forum on Administrative Law and Practice

Adrienne Telford and Phil Abbink participate in panels at the 17th Annual National Forum on Administ...
News/25 August 2022

Twelve Cavalluzzo Lawyers Recognized in Best Lawyers 2023 Edition

Twelve Cavalluzzo Lawyers Recognized in Best Lawyers 2023 Edition, in six different practice areas
News/19 November 2021

Grassy Narrows takes Ontario to court for failure to consult and obtain consent on mining exploration permits

Grassy Narrows First Nation launched a legal action against Ontario for its failure to consult Grass...
News/26 August 2021

Eleven Cavalluzzo Lawyers Recognized in Best Lawyers 2022 Edition

Eleven Cavalluzzo Lawyers Recognized in Best Lawyers 2022 Edition, and Cavalluzzo LLP also been name...
Blog/16 June 2022

Midwives Win Landmark Systemic Gender Discrimination Ruling at Ontario Court of Appeal

Ontario (Health) v. Association of Ontario Midwives

In a ground-breaking decision, the Ontario Court of Appeal has confirmed that Ontario has engaged in systemic pay discrimination of midwives that must...
Blog/16 June 2022

Midwives Win Landmark Systemic Gender Discrimination Ruling at Ontario Court of Appeal

Ontario (Health) v. Association of Ontario Midwives

In a ground-breaking decision, the Ontario Court of Appeal has confirmed that Ontario has engaged in systemic pay discrimination of midwives that must...
Blog/6 May 2022

Remote Work and Workers' Compensation Following Air Canada et Gentile-Patti

Is a worker entitled to compensation if they are injured while working from home?

Is a worker entitled to compensation if they are injured while working from home? This blog post reviews decisions by the WSIAT and most recently by Q...
Blog/15 March 2021

Federal Court Approves $1.9 Million Settlement in Bernlohr c. Anciens employés d’Aveos Performance Aéronautique Inc

Cavalluzzo Lawyers represented former Aveos employees who had been denied wages, vacation pay, and severance pay when the large aircraft maintenance company filed for bankruptcy

The Federal Court approved a class settlement in the amount of $1.9 million in Bernlohr c. Anciens employés d’Aveos Performance Aéronautique Inc. This...
News/25 August 2022

Twelve Cavalluzzo Lawyers Recognized in Best Lawyers 2023 Edition

Recognized in Six Different Practice Areas

Twelve Cavalluzzo Lawyers Recognized in Best Lawyers 2023 Edition, in six different practice areas
News/19 November 2021

Grassy Narrows takes Ontario to court for failure to consult and obtain consent on mining exploration permits

Grassy Narrows First Nation launched a legal action against Ontario for its failure to consult Grassy Narrows on nine mining exploration permits betwe...
News/26 August 2021

Eleven Cavalluzzo Lawyers Recognized in Best Lawyers 2022 Edition

Cavalluzzo LLP also been named “Law Firm of the Year”

Eleven Cavalluzzo Lawyers Recognized in Best Lawyers 2022 Edition, and Cavalluzzo LLP also been named “Law Firm of the Year” expertise in Labour and E...
News/4 February 2021

Cavalluzzo LLP Secures Major Win for Employees of the Bankrupt Aveos Company

The End of a Long Saga

On February 3, 2021, the Federal Court issued a decision that puts an end to a long and unfortunate saga. In 2012, a large aircraft maintenance compan...
News/28 January 2021

New Partner Announcement

Cavalluzzo LLP is very pleased to announce that Niiti Simmonds and Michael Mandarino have joined our partnership.

Cavalluzzo LLP is very pleased to announce that Niiti Simmonds and Michael Mandarino have joined our partnership. We wish them both ongoing success as...
News/14 May 2019

The Lawyer's Daily: "Ontario Goes Beyond Common Law in Proposed Crown Liability Act"

On May 13, 2019, Stephen Moreau and Lara Koerner-Yeo’s commentary on Ontario’s proposed Crown Liability and Proceedings Act, 2019 (CLAPA) ...
Event/Oct 18, 2022 - Oct 19, 2022

Adrienne Telford and Phil Abbink Speak at 17th Annual National Forum on Administrative Law and Practice

Speaking on panels about lasing effects of COVID-19 on Administrative law, and the development of reasonableness review and the role of Charter values

Adrienne Telford and Phil Abbink participate in panels at the 17th Annual National Forum on Administrative law conference, speaking about lasing effec...
Event/Jun 12, 2019

Michael Wright Speaks at Law Society's Six-Minute Business Lawyer Conference

Michael Wright speaks at the Law Society of Ontario's Six-Minute Business Lawyer  Conference, 2019. He will be speaking about the enforceability ...
Publication/6 October 2014

Special Evidentiary Issues in Administrative Law

"Special Evidentiary Issues in Administrative Law," 31 The Advocates Journal, No. 3, p. 20 (2012)
Publication/6 October 2014

Advocacy Before Administrative Tribunals

"Advocacy Before Administrative Tribunals", co-author with Leslie McIntosh, chapter in book edited by L. Sossin and C. Flood,  Administrative Law...
Publication/6 October 2014

Hot Tubs and Concurrent Evidence: Improving Administrative Proceedings, 25 Canadian Journal of Administrative Law and Practice 79 (2012)

Hot Tubs and Concurrent Evidence: Improving Administrative Proceedings, 25 Canadian Journal of Administrative Law and Practice 79 (2012)
Publication/6 October 2014

Active Adjudication or Entering the Arena: How Much is Too Much?

Originally published in the Canadian Journal of Administrative Law & Practice - Volume 24. Administrative proceedings are generally more flexible...
Publication/20 February 2013

Applying the Charter in Everyday Administrative Decision-Making

Freya Kristjanson & Nadia Lambek, "Applying the Charter in Everyday Administrative Decision-Making", Canadian Journal of Administrative Law and Pr...
Publication/8 March 2011

Active Adjudication or Entering the Arena: How Much is Too Much?

Originally published in the Canadian Journal of Administrative Law & Practice - Volume 24. Administrative proceedings are generally more flexible...