Across sectors, there are times when organizations require the approval of various Canadian administrative agencies and tribunals in order to further their mandates. When a stamp of approval is required, McMillan’s administrative lawyers combine a deep understanding of Canadian administrative law with a strong recognition of our clients’ business objectives and stand ready to pursue litigation when the need arises.
Our litigation lawyers have represented clients before a wide range of administrative tribunals, including the Environmental Appeal Board, Labour Relations Boards, Information and Privacy Commissioners, the Natural Resources Conservation Board, the Trademarks Opposition Board, the Competition Tribunal, and others. Should an administrative agency and tribunal act outside their scope of authority — either unconstitutionally or unfairly — we seek relief for our clients via judicial review. In the face of challenging government action, McMillan’s Litigation Group has appeared before all levels of court, including the Supreme Court of Canada.
Our expertise is not limited to representing private-sector clients before administrative bodies. Our lawyers also act on behalf of governmental agencies and statutory decision-makers, advising them on points of administrative law and legal strategies to defend their interests.
McMillan professionals help clients lead by: appearing on their behalf before administrative tribunals; arguing judicial review applications and appeals of administrative decisions; providing advice on intellectual property issues; negotiating with tribunal officials; advising on the law and prospective legislative changes; dealing with expropriations and related matters.
Insights (34 Posts)
Are First Nation Shared Decision-Making and Collaboration Agreements Being Used Illegally?
What do non-treaty agreements mean for people or companies that may be affected by them.
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Aug 9, 2022
Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional
On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.
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May 25, 2022
What is the Capital Markets Tribunal?
This article provides further information about the new Capital Markets Tribunal.
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May 5, 2022
Confidentiality of Compelled Testimony is Affirmed by the Ontario Securities Commission
Compelled testimony provided to the OSC is confidential. But what happens when Commission Staff discloses testimony without complying with the Securities Act?
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Apr 21, 2022
Update re: Adoption & Passing of City of Toronto Inclusionary Zoning Policy
An overview of the most recent updates to the Adoption & Passing of City of Toronto Inclusionary Zoning Policy
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Dec 21, 2021
Making a Lot out of a Little – Laneway Housing a Niche Market Opportunity for Municipalities, Property Owners, Real Estate Developers and Investors
An overview of laneway suites / housing as means of adding to housing stock in Toronto and beyond.
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Oct 25, 2021
Divisional Court confirms Environmental Significance of Ministerial Zoning Orders and Importance of Consultation under the Environmental Bill of Rights, 1993
Review of Divisional Court decision: Ontario’s compliance with Environmental Bill of Rights in passing Bill 197, particularly re: Ministerial Zoning Orders
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Sep 13, 2021
Masters and Clergy – Is the Clergy “Principle” No More?
An overview of a recent Ontario Divisional Court decision which weighs in on the legal status of the Clergy Principle.
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Jul 7, 2021
Impending Implementation of Ontario’s Inclusionary Zoning Regime in Toronto and the GTA
An overview of inclusionary zoning policies and their impending implementation in Toronto and the GTA.
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Jun 25, 2021
The LPAT and the New “Ontario Land Tribunals” Cluster
The New Ontario Land Tribunals Cluster and moving forward with hearings at the LPAT.
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Jul 6, 2020
COVID-19: July 6th Update on the Impacts to Development Applications and Hearings
Status update (July 6, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing
applications, appeals, and municipal closures.
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Jul 6, 2020
COVID-19: May 13th Update on the Impacts to Development Applications and Hearings
Status update (May 13, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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May 13, 2020
COVID-19: April 22nd Update on the Impacts to Development Applications and Hearings
Status update (April 22, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Apr 22, 2020
COVID-19: April 15th Update on the Impacts to Development Applications and Hearings
Status update (April 15, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Apr 15, 2020
COVID-19: April 7th Update on the Impacts to Development Applications and Hearings
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Apr 7, 2020
COVID-19: March 30th Update on the Impacts to Development Applications and Hearings
Status update (March 30, 2020) re: land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Mar 30, 2020
COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec
An outline of the potential consequences to continuing to operate a business ordered to close by the governments of Quebec and Ontario.
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Mar 25, 2020
COVID-19: What is the Impact on Development Applications and Hearings?
Status update re: the land use planning and municipal response to COVID-19 in Ontario; processing applications, appeals, and municipal closures.
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Mar 23, 2020
Amendments to the Canada Shipping Act, 2001 and Marine Liability Act
On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, otherwise known as the Budget Implementation Act was given royal assent.
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Feb 13, 2019
SCC Supports LGBTQ Students In Balancing Religious Freedoms and Statutory Mandates
June 15, 2018, Supreme Court upheld the Ontario and British Columbia Law Societies' decisions to deny accreditation to TWU's proposed law school, a 7-2 decision
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Aug 1, 2018
SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations
The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall[1] holds that judges have no business
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Jun 15, 2018
Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration
Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration
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Jun 13, 2017
Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act
Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act
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May 16, 2017
Standard of Review Reform: Maybe Another Time?
Standard of Review Reform: Maybe Another Time?
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Oct 13, 2016
In this Great Future, You Can’t Forget Your Past – Update to the Government of Canada’s Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions
In this Great Future, You Cant Forget Your Past – Update to the Government of Canadas Integrity Regime Provides Clarity, Includes General Anti-Avoidance Provisions
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Apr 6, 2016
Judicial Review “Through the Looking Glass”: Issue-By-Issue Analysis
Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis
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Feb 22, 2016
The Persian Conversion: New rules for doing business in Iran
The Persian Conversion: New rules for doing business in Iran
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Feb 9, 2016
Updated – Bill 73: Smart Growth for Our Communities Act, 2015
Updated - Bill 73: Smart Growth for Our Communities Act, 2015
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Jan 18, 2016
Equitable Remedies at Tribunals? Only if Statutory
Equitable Remedies at Tribunals? Only if Statutory
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Jul 22, 2015
Bill 73: Smart Growth for Our Communities Act, 2015
Bill 73: Smart Growth for Our Communities Act, 2015
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Jul 18, 2015
The Emaciation of Ontario’s Labour Relations Board and Human Rights Tribunal
The Emaciation of Ontario's Labour Relations Board and Human Rights Tribunal
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Jun 25, 2015
Bill 73: Smart Growth for Our Communities Act, 2015
Bill 73: Smart Growth for Our Communities Act, 2015
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Jun 18, 2015
What Fair is Fair? The Duty of Fairness Owed to RFP Proponents
What Fair is Fair? The Duty of Fairness Owed to RFP Proponents
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Jun 9, 2015
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