The Use of Policy by Administrative Decision Makers: Authority and Limitations
September 23, 2019
posted in: Legal Updates
An administrative agency does not require an express grant of statutory authority in order to issue policies or guidelines. However, administrative decision-makers may not apply these policies inflexibly as if they were law. An individualized assessment is required in the circumstances of each case to determine whether it is appropriate to apply the policy. A decision made solely by reference to the mandatory prescription of a policy, despite a request to deviate from it in the light of the particular facts, may be set aside, on the ground that the decision-maker’s exercise of discretion was unlawfully fettered.
Our office continues to remain open and fully functional. For the first months of the pandemic, we worked from home with only one partner in the office. As Alberta has…Read More
Shores Jardine LLP is pleased to sponsor the YWCA through the Shaw Birdies for Kids Program. This program results in funds donated during the month of August 2020 to be…Read More