Building and map sketch
Building and map sketch
Building and map sketch

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 (44 Posts)

Featured Insight

Settlement Counsel – valuable addition to the dispute-resolution toolkit

Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.

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Mar 28, 2023
Featured Insight

Canada Will Introduce A Foreign Influence Transparency Registry – Government of Canada Opens Consultations on the Registry Thru May 9, 2023

Public Safety Canada, the federal department responsible for national security announced consultations on a foreign influence transparency registry.

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Mar 10, 2023
Featured Insight

One Year On: Economic Sanctions Have Become a Primary Tool of Canadian Foreign Policy and New Russian Sanctions are Imposed

Canada continues to impose sanctions against additional countries, including Sri Lanka, Haiti, and Myanmar, and joins the G7 Enforcement Coordination Mechanism.

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Mar 1, 2023
Featured Insight

Broadening the Environmental Enforcement Toolkit: Ontario Expands Administrative Monetary Penalty Regime for Environmental Violations

Ontario is broadening its existing administrative monetary penalties (AMPs) regime for environmental violations.

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Feb 28, 2023
Featured Insight

Clear as Mud: The Legal Implications of Land Use Planning in Yukon

A January 31, 2023 decision of the Yukon Supreme Court has raised serious questions about how permitting decisions will be affected.

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Feb 13, 2023
Featured Insight

Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims

This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.

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Feb 2, 2023
Featured Insight

Quebec Superior Court Orders That Corporations Must Provide Information to Police – Even Where Data Stored Abroad

The Quebec Superior Court rules the American companies may have to produce documents stored abroad to aid in Canadian criminal investigations.

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Jan 24, 2023
Featured Insight

Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions

Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.

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Dec 22, 2022
Featured Insight

Modernization of the Investment Canada Act is Underway

The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.

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Dec 12, 2022
Featured Insight

Supreme Court of Canada Hits Pause Button on Double Royalties Payable by Online Music Service Users

The Supreme Court of Canada ruled that the Copyright Act does not require online music service providers to pay two separate royalties to access works online.

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Nov 2, 2022
Featured Insight

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
Featured Insight

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
Featured Insight

What is the Capital Markets Tribunal?

This article provides further information about the new Capital Markets Tribunal.

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May 5, 2022
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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
Featured Insight

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

When Does Access Become Frivolous?

When Does Access Become Frivolous?

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Nov 10, 2015

Equitable Remedies at Tribunals? Only if Statutory

Equitable Remedies at Tribunals? Only if Statutory

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Jul 22, 2015
Featured Insight

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
Featured Insight

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