Administrative Law Conference 2025

Course Chairs
Justice Alison M. Latimer — Supreme Court of BC, Vancouver
Kaitlyn Chewka — Lovett Westmacott, Victoria

About the Course Chairs
Justice Latimer was appointed to the Supreme Court of BC in 2024. Before her appointment to the bench, Justice Latimer maintained a broad litigation practice acting as counsel in the areas of civil, criminal, and administrative law.

She appeared as counsel on several landmark constitutional cases, including cases establishing a right to physician assisted dying and limiting the use of solitary confinement in federal prisons. She also regularly advised and represented clients in areas of administrative law, acting both for tribunals and for individuals and entities appearing before administrative tribunals or seeking judicial review of administrative decisions.

Kaitlyn Chewka is a partner with the firm Lovett Westmacott. Prior to joining Lovett Westmacott, Kaitlyn was legal counsel with the Ministry of Attorney General's Constitutional and Administrative Law Section.

Kaitlyn provides advice to various administrative decision-makers and regularly acts as counsel on judicial review applications and any resulting appeals. Kaitlyn is also an Adjunct Professor at the University of Victoria where she teaches administrative law and regularly lectures on the topics of civil procedure, criminal procedure, advocacy, ethics, and energy law. She is also a co-coach for the University of Victoria's Wilson moot team, which focuses on appellate advocacy skills.

Faculty
Justice Harvey M. Groberman — BC Court of Appeal, Vancouver
Justice Karrie A. Wolfe — Supreme Court of BC, Victoria
Trevor Bant — Legal Services Branch, Ministry of Attorney General, Victoria
Paul Daly — University Research Chair in Administrative Law & Governance, University of Ottawa, Ottawa
Alandra K. Harlingten — Lovett Westmacott, Victoria
Kate R. Phipps — Arvay Finlay LLP, Vancouver
Zara Rahman — Civil Resolution Tribunal, Victoria
Karen L. Snowshoe, KC — Snowshoe Law, Vancouver

Click here for full faculty bios

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Strategies for effective administrative law advocacy

British Columbia Administrative Law Practice Manual

This publication is essential for: Lawyers, decision-makers, and judges whose work involves federal or BC administrative law decision-making

Current to: May 1, 2023

Administrative law is complex and requires specialized knowledge. British Columbia Administrative Law Practice Manual offers you a guide to navigating administrative law and procedure with advice on fundamental administrative law concepts, case preparation and advocacy, the role of evidence and parties, and the process for reviews and appeals. Covering decision-makers and courts at both federal and provincial levels, this manual provides access to sample forms annotated with commentary and a curated bibliography of other useful administrative law resources.

With this resource, you will be able to:

• understand what makes for effective administrative law advocacy and drafting
• more confidently handle administrative decision-makers and unrepresented parties
• avoid common administrative law practice pitfalls

Order today and deepen your knowledge of administrative law principles and practice! View a sample from the book.

Highlights of the 2023 Update include:

• post-Vavilov developments in standard of review and procedural fairness jurisprudence at SCC and below, impact on lower authorities
• SCC: new correctness category in context of concurrent first-instance jurisdiction between courts and administrative bodies
• SCC: institutional role of interveners
• BCCA: new correctness category in context of jurisdictional boundaries between administrative decision-makers and legislative bodies
• FCA: development in the test for intervention at the Federal Court
• expansion of test for legal threshold for standing
• increasing prevalence of appointment of amici curiae
• JRPA amendment to enable judicial review of Indigenous governing bodies when consent agreements reached for joint decision-making

• constitutional dimensions of judicial review
• checks and balances in the Canadian governmental context
• rule of law and limits on deference
• judicial supervision of the exercise of executive power after Vavilov and Auer

• the role of the courts in applying regulatory statutes to new contexts
• changes in the procedural law of judicial review since Vavilov (e.g., the record, standing)
• judicial review of political decisions: prorogation, the Emergencies Act and cabinet-level regulations
• constitutional issues: the standard of review and the constitutional foundations of judicial review

• recent developments of interest in BC administrative law 
• the interpretation and application of recent Supreme Court of Canada decisions of interest by BC courts
• topics will include a range of issues, such as Charter values, bias and fettering allegations, preliminary matters, and costs against decision-makers

• what is meant by the right to be heard—practical considerations/recent examples
• what is meant by the right to know the case against you—practical considerations/recent examples 
• how are tribunals supposed to navigate this with self-represented individuals? how do they walk the line of being an impartial adjudicator while also complying with a duty to assist?
• does the use of AI in decision-making breach procedural fairness rights? can it? how to protect against this?

• the importance of maintaining the record before the tribunal while the decision-making process is unfolding—practical tips about how to do that and why we should be ensuring clients do it
• what is the difference between asking the court to order a tribunal to file the record under s. 17 of the JRPA, and an order for the production of new evidence extrinsic to the record?
• when is it appropriate to bring an application for new evidence?
• where the judicial review is of a cabinet regulation, how are cabinet records dealt with (see: Mink Breeders)? 
• when is a background affidavit appropriate? 
• what should not be included in the record? 

• brief summary of recent SCC jurisprudence re: reasonableness review remaining available despite the absence of reasons 
• identifying BC decision-makers that may more commonly issue decisions without reasons 
• summary of recent BC cases where courts have addressed reasonableness review in the absence of reasons 
  • what is the approach in practice to common issues raised on JR and what are some of the challenges (e.g., statutory interpretation)
• practical tips for counsel
  • for those who represent decision-makers (before they issue their decisions)
  • for those who represent petitioners/respondents on judicial review (including what questions the court may have on such applications)