Deconstructing Yatar v TD Meloche Monnex, Rights of Appeal and Discretion Within Judicial Review
Andrew Bernstein
Partner
Torys LLP
Adam Goldenberg
Partner
McCarthy Tétrault LLP
John Provart
General Counsel
Justice Canada
- Unpacking the recent Supreme Court decision in Yatar v TD Insurance Meloch Monnex and the extrapolating the impact of the Supreme Court’s affirmation of the availability and importance of judicial review
- Exploring what questions remain to be determined after Yatar
- Considering other recent case law on the judicial discretion to refuse the application for judicial review
- Identifying the various methods appellants can use to overturn an administrative decision
- Understanding the nature and different types of privative clauses
- Examples of each type of privative clause
- Examining the scope of judicial review when privative clauses exist
- Understanding legislative intent with respect to limiting rights of appeal