Fundamentals of Judicial Review 2021

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

About the Course Chairs
Laurel Courtenay has practiced as a barrister and solicitor in the field of administrative law for 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 eight years and was recently appointed to the Board of CLEBC. Laurel has written extensively for various legal publications and in 2016 was named one of CLEBC's most prolific volunteers.

Andrew Gay, QC graduated from Osgoode Hall Law School in 1996 and since 1998 has been a partner at the litigation firm Gudmundseth Mickelson LLP. Andrew's practice is focused on administrative law, government litigation, and commercial litigation.  

Andrew has extensive experience litigating applications for judicial review and has presented on this topic several times for CLEBC. He acts for a wide range of clients in regulated sectors and is an expert in professional discipline. He was an adjunct professor at UBC's Allard School of Law for eight years, co-teaching an upper-year seminar on government liability.

Faculty
The Honourable Mr. Justice Harvey M. Groberman — BC Court of Appeal, Vancouver
Kaitlyn Chewka — Lovett Westmacott, Victoria
Jennifer Chow, QC — Department of Justice Canada, Vancouver
Katherine A. Hardie — BC Human Rights Tribunal, Vancouver
Professor Mary Liston — Peter A. Allard School of Law, UBC, Vancouver
Brent Olthuis — Hunter Litigation Chambers, Vancouver
Elin Sigurdson — Mandell Pinder LLP, Vancouver
Katie Webber — Legal Counsel, Ministry of the Attorney General, Victoria

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Laurel Courtenay — Ministry of the Attorney General, Legal Services Branch, Vancouver
Andrew D. Gay, QC — Gudmundseth Mickelson LLP, Vancouver

The Mechanics of an Application for Judicial Review (9:10 – 9:55)

• 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

Laurel Courtenay — Ministry of the Attorney General, Legal Services Branch, Vancouver
Andrew D. Gay, QC — Gudmundseth Mickelson LLP, Vancouver

BREAK (9:55 – 10:10)

Judicial Review vs. Civil Action (10:10 – 10:50)

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

Katie Webber — Legal Counsel, Ministry of the Attorney General, Victoria

BREAK (10:50 – 11:05)

The Record (11:05 – 11:35)

• 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

Katherine A. Hardie — BC Human Rights Tribunal, Vancouver

LUNCH BREAK (11:35 – 12:15)

Presenting Your Argument (12:15 – 1:05)

• strategic and practice-related considerations
• points to cover in written argument
• how to handle the record and materials at the hearing
• do's and don'ts of effective oral submissions
• areas that often cause confusion for judges
• electronic hearings

Kaitlyn Chewka — Lovett Westmacott, Victoria
Brent Olthuis — Hunter Litigation Chambers, Vancouver

BREAK (1:05 – 1:20)

Standard of Review (1:20 – 2:05)

• what is a standard of review and why is it important to understand the standard of review when advising the client and drafting the petition
• the law of standard of review prior to the SCC trilogy in a nutshell
• the trilogy: how does reasonableness review now work
• the importance of reasons
• what do we do with pre-trilogy cases
• implications relating to statutes: statutory rights of appeal and standards of review imposed by statute

Professor Mary Liston — Peter A. Allard School of Law, UBC, Vancouver

BREAK (2:05 – 2:20)

Federal Court Judicial Review Practice Tips (2:20 – 3:05)

• 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

Jennifer Chow, QC — Department of Justice Canada, Vancouver
Elin Sigurdson — Mandell Pinder LLP, Vancouver

BREAK (3:05 – 3:20)

View from the Bench (3:20 – 3:55)

• drafting the petition
• evidence on judicial review
• pitching your case effectively
• choosing appropriate remedies

The Honourable Mr. Justice Harvey M. Groberman — BC Court of Appeal, Vancouver

Closing Remarks (3:55 – 4:00)

Laurel Courtenay — Ministry of the Attorney General, Legal Services Branch, Vancouver
Andrew D. Gay, QC — Gudmundseth Mickelson LLP, Vancouver