Fundamentals of Judicial Review 2024

Course Chairs
Laurel Courtenay — Ministry of Attorney General, Legal Services Branch, Vancouver
Andrew D. Gay, KC — Gudmundseth Mickelson LLP, Vancouver

About the Course Chairs
Laurel Courtenay has practiced as a barrister and solicitor in the field of administrative law for more than 25 years. She is currently legal counsel in the Legal Services Branch (LSB) of the Ministry of Attorney General where she practices employment law and teaches administrative law fundamentals to statutory decision-makers.

Before coming to LSB, Laurel was counsel for WorkSafeBC where she represented the Board in judicial reviews and appeals at every level of court including the Supreme Court of Canada.

Laurel has been on the executive of the CBA Legal Research Section for 11 years and has been on the Board of CLEBC for the past four years where she is currently serving as vice chair. Laurel has written extensively for various legal publications and in 2016 was named one of CLEBC's most prolific volunteers.

Andrew Gay, KC graduated from Osgoode Hall Law School in 1996, and in 1998 joined the litigation firm Gudmundseth Mickelson LLP after two years with the Legal Services Branch, Ministry of Attorney General. Andrew's practice is focused on administrative law and litigation involving government.

Andrew has extensive experience with applications for judicial review, acting both for petitioners and respondents, and has taught courses on judicial review on several occasions. He is an expert in professional discipline and was an adjunct professor at UBC's Allard School of Law for eight years, co-teaching an upper-year seminar on government liability.

Faculty
Justice Neena Sharma — Supreme Court of BC, Vancouver
Meera Bennett — Ministry of Attorney General, Legal Services Branch, Vancouver
Kaitlyn Chewka — Lovett Westmacott, Victoria
Jennifer Chow, KC — Department of Justice Canada, Vancouver
Katherine A. Hardie — BC Human Rights Tribunal, Vancouver
Jaime H. Hoopes — Roper Greyell LLP, Vancouver
Brent Olthuis, KC — Olthuis van Ert, Vancouver
Elin Sigurdson, KC — Mandell Pinder LLP, Vancouver
Mark G. Underhill, KC — Arvay Finlay LLP, Vancouver

Course Materials Contributors
Christine Bant — Ministry of Attorney General, Vancouver
Elizabeth Lotfali — Roper Greyell LLP, Vancouver
Nicholas Sheffield — Co-op Student, Arvay Finlay LLP, Vancouver

Click here for full faculty bios

• what decisions can be challenged by way of judicial review
• who are the proper petitioner and respondent
• who do you serve
• time limits
• seeking a stay
• key elements of a petition and affidavit
• what other pleadings are needed
• managing client expectations

• evidence 
• role of the court
• referring petitions to trial list
• remedies
• cases on collateral attack

• what is the record?
• when is evidence outside the record admissible?
• who puts the record before the court?
• how to put the record before the court

• traditional standing:  jurisdiction, standard of review, the record
• when can the tribunal play a larger role?
• costs awards 

• what is a standard of review
• why is it important to understand the standard of review when advising a client (including a decision-maker) and when drafting or responding to a petition
• how does reasonableness review work post-Vavilov (and what are the current exceptions to reasonableness review)?
• the standard of review if BC's Administrative Tribunals Act applies
• the standard of review on a statutory appeal

• practice tips unique to Federal Court procedures
• cases highlighting some of the unique features of the Federal Court Rules
• significant practice cases that may assist practitioners in navigating the Federal Court

• what to think about in framing your case
• are some errors more persuasive?
• what to avoid in presenting your case to the court