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Practice Areas

Administrative Litigation

Overview

Administrative litigation and administrative appeals provide remedies against unlawful or unreasonable administrative dispositions, exercises of public authority or failures to act. Unless otherwise required by law, a party may generally commence administrative litigation without first filing an administrative appeal, and in some cases both procedures may proceed concurrently.

These proceedings seek to reverse or suspend an administrative decision already made and are therefore legally and procedurally demanding. In many cases, an application for suspension of execution is essential to preserve the client’s position while the dispute is pending.

Our lawyers’ extensive experience as legal advisers to local governments enables us to understand both the administrative decision-making process and the remedies available to those affected by unlawful or unreasonable dispositions.

Principal Services

Employment and Labour Revocation of disciplinary measures; revocation of refusal to reappoint; challenges to review decisions concerning unfair dismissal or unfair labour practices; grievance appeals; and related matters
Land Expropriation Revocation of expropriation decisions; compensation for relocation expenses; and claims for increased compensation for losses
Urban Renewal and Redevelopment Actions to invalidate general-meeting resolutions; confirmation of cooperative membership status; invalidation of approval for establishment of a cooperative; and revocation of approval of an implementation plan
Public-Service and Industrial Accidents Revocation of decisions denying survivors’ benefits and funeral expenses, or denying medical-care benefits
Construction and Development Regulation Revocation of decisions cancelling building permits; revocation of adverse architectural-review decisions; and revocation of development-charge assessments
Business Suspension and Licensing Sanctions Revocation of business-suspension or business-licence revocation decisions; and revocation of driving-licence suspension or cancellation decisions
Other Administrative Matters Actions confirming the unlawfulness of administrative inaction; actions invalidating expulsion or suspension measures; and challenges concerning information-disclosure decisions

Procedure

Filing of the Petition and Application The administrative appeal must generally be filed within 90 days after the applicant became aware of the disposition and within 180 days after the date of the disposition.
Submission of the Response and Supplemental Briefs The respondent submits a response, and both parties may submit supplemental briefs before the hearing date.
Hearing before the Administrative Appeals Commission The Administrative Appeals Commission reviews the record and conducts the hearing.
Service of the Written Administrative-Appeal Decision An administrative action may generally be filed within 90 days after service of the official written decision.
Filing of the Complaint The administrative action must generally be filed within 90 days after the plaintiff became aware of the disposition and within one year after the date of the disposition.
Service of a Copy of the Complaint The court serves a copy of the plaintiff’s complaint on the defendant.
Submission of the Defence Where the defendant disputes the plaintiff's claim, the defendant must generally submit a written defence within 30 days.
Preparatory Hearing Where necessary, the court may hear preliminary statements, identify and organise the issues, and establish a plan for the presentation of evidence.
Main Hearing The court schedules a hearing for the concentrated examination of evidence.
Judgment A party dissatisfied with the judgment must generally file a notice of appeal or final appeal within two weeks after service of the written judgment.