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Administrative Law: Principles and Advocacy, 4th Edition

Administrative Law: Principles and Advocacy, 4th Edition

Liz Nastasi, Deborah Pressman, John Swaigen
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Administrative Law: Principles and Advocacy, 4th Edition teaches readers the fundamental principles of administrative law. Through simple language and practical examples, readers will understand key legal issues and learn how to successfully argue cases before administrative tribunals.

The fourth edition is divided into three parts: Principles and Theory, Advocacy, and Challenging Administrative Decision-Making and Enforcing Orders. Part I introduces readers to fundamental administrative law principles, such as the right to be heard and the duty to give reasons, with an emphasis on procedural fairness. Part II examines effective advocacy and outlines procedures at every stage of the hearing process, including presenting evidence at a hearing and conduct outside of the hearing. Part III addresses issues that may arise after proceedings and steps that must then be taken.

Authors Liz Nastasi and Deborah Pressman have provided important legislative and pedagogical updates to the fourth edition. These cover major developments such as the rise of active adjudication, new dispute resolution processes that encourage mediation, and online processes.

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  • ISBN/ISSN: 978-1-77255-502-8
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  • Cover: Softcover
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  • ISBN/ISSN: 978-1-77255-502-8
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  • ISBN/ISSN: 978-1-77255-504-2
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ISBN
978-1-77255-502-8
Page Count
440
Publisher
Emond Publishing
Publication Date
December 2019
Status
Available
Subjects
Administrative Law; Career Preparation
Tags
Higher Education Paralegal Law Clerk and Legal Assistant

  • Current legislation and case law
  • Updated glossary; review questions; end-of-chapter exercises; and figures, including tables and flow charts
  • Coverage of Ontario’s Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 and tribunal "clustering"
  • Practice and procedure before selected administrative agencies and tribunals, including the Immigration and Refugee Board
  • Discussion of human rights codes and the Charter in relation to administrative law

PART I: PRINCIPLES AND THEORY
Chapter 1: Introduction to the Legal System
Chapter 2: Administrative Agencies and Tribunals
Chapter 3: The Foundations of Administrative Law
Chapter 4: The Charter and Its Relationship to Administrative Law
Chapter 5: Human Rights Codes and Other Quasi-Constitutional Laws
Chapter 6: Fairness: The Right to be Heard
Chapter 7: Fairness: Bias

PART II: ADVOCACY
Chapter 8: Advocacy Before Government Departments, Administrative Agencies, and Tribunals
Chapter 9: Tribunal Procedures Before Hearings
Chapter 10: Tribunal Procedures During Hearings
Chapter 11: Presenting Evidence at a Hearing
Chapter 12: Management and Control of the Hearing Process
Chapter 13: Conduct Outside the Hearing

PART III: CHALLENGING ADMINISTRATIVE DECISION-MAKING AND ENFORCING ORDERS
Chapter 14: Tribunal Decision-Making Procedures
Chapter 15: Challenging Decisions of Tribunals and Administrative Agencies
Chapter 16: Enforcement of Tribunal Orders

APPENDIXES
Appendix A: Selected Administrative Agencies: Their Mandates, Powers, and Procedures
Appendix B: Interpreting Statutes, Regulations, and By-Laws
Appendix C: Research Tools and Procedures
Appendix D: Sample Tribunal Opening Statement
Appendix E: Sample Exhibit Log

Chapter 6: Fairness: The Right to be Heard

In December 2019, the Supreme Court of Canada released a trilogy of widely anticipated administrative law decisions in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, Bell v Canada, 2019 SCC 66, and Canada Post Corp v Canada Union of Postal Workers, 2019 SCC 67. Vavilov will have a widespread effect on administrative law. Read a summary here: https://stewartmckelvey.com/thought-leadership/the-spies-who-saved-judicial-review-the-top-10-takeaways-from-vavilov/.

Vavilov update August 2021: notes on the new standard of review framework.

  • Instructor's Guide
  • PowerPoint Presentations
  • Test Bank

For free instructor resources, please contact instructor support.

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