January 27, 2022
The Lawyer’s Daily has featured partner Andrew Bernstein and associate Jon Silver’s analysis on the impacts of the 2019 Canada (Minister of Citizenship and Immigration) v. Vavilov decision, a landmark ruling that has changed the way courts may look to intervene in future cases.
The article titled “Portnov’s complaint: How Vavilov has breathed new life into judicial review” breaks down the significance of two cases decided in 2021, Portnov v. Canada (Attorney General) and Alexion Pharmaceuticals Inc. v. Canada (Attorney General). An excerpt of the article follows:
Although these two decisions address different subjects — regulations and adjudicative tribunal decisions — they demonstrate how Vavilov has breathed new life into judicial review as a tool to challenge executive action. While negotiation with regulators remains a key channel for resolving issues, there are times when a company has little alternative but to challenge a decision in court and argue that the regulator has acted unreasonably. The decisions in Portnov and Alexion provide strong precedents for challenging these types of decisions in the future.
A version of this piece was published as a part of the Q4 Torys Quarterly.
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