Administrative Law

Administrative tribunals have replaced the courts as the most common forum for citizens and organizations to seek justice and vindicate their rights. Labour boards, arbitration boards, human rights commissions, pension commissions, commissions of inquiry and professional regulatory bodies – these are just some of the many tribunals in which we advocate for our clients' rights. We also act for clients in judicial review and appeal proceedings before provincial and federal courts and the Supreme Court of Canada. Cavalluzzo also advises administrative agencies, regulators and tribunals on administrative law and practices.

Notable administrative representations include:

• Canada (Attorney General) v. Hunter, in which the Firm represented Kimberly Hunter as a respondent at the Federal Court of Appeal. Canada sought judicial review of a decision holding that Ms. Hunter was entitled to EI parental benefits as a guardian of a child placed in her care for the purpose of adoption. The Court of Appeal held that the award of benefits was reasonable and dismissed the appeal. The EI adjudicative process was subsequently altered as a result of this ground-breaking decision.
• Canadian Union of Postal Workers v. Canada Post Corporation, in which the Federal Court of Appeal considered the Canadian Union of Postal Workers' ("CUPW") appeal for judicial review of an Occupational Health and Safety Tribunal decision. That decision found that Canada Post was not obligated to ensure that all areas outside the physical Canada Post building are inspected annually. The Court of Appeal reversed the tribunal, agreeing with CUPW and holding that the Tribunal's decision was unreasonable.
• R. v. Conway, in which the Supreme Court of Canada considered the Ontario Review Board's determination that it did not have jurisdiction to grant Mr. Conway, who was detained in a mental health centre, an absolute discharge, among other relief he was seeking. The Supreme Court agreed with the Board that it did not have the jurisdiction under its authorising statute to grant absolute discharge or order treatment. The Firm represented the Ontario Review Board.
• Canada (Transport) v. Canadian Union of Public Employees, in which the Firm represented the Canadian Union of Public Employees at the Federal Court of Appeal. The Court reviewed Transport Canada's approval of an amendment to Sunwing Airline's evacuation protocol and held that it was not reasonable. Transport Canada had provided insufficient evidence that it had properly evaluated whether the amendment would compromise passenger or crew safety.
• Zulkoskey v. Canada (Employment and Social Development), in which the Firm represented Tania Zulkoskey at the Federal Court of Appeal. Ms. Zulkoskey sought relief from the Canadian Human Rights Commission's dismissal of her complaint, which alleged that the government's denial of two sets of EI benefits for a couple with twins was discriminatory on the basis of family status. The Court held that the Commission's decision was unreasonable and allowed Ms. Zulkoskey's appeal.