Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Administrative Law Matters 2.Canadian Securities Law 3. David Whelan 4. Law of Work 5. Know How

Administrative Law Matters
The Gravitational Force of Vavilov: Universal Ostrich Farms Inc. v. Canada (Food Inspection Agency), 2025 FCA 147 and Rogers v. Director of Maintenance Enforcement Program, 2025 YKCA 12

Last year, in Auer the Supreme Court of Canada applied the reasonableness standard to judicial review of regulations, settling a vibrant academic debate and appellate split in favour of the Vavilov framework. Two important recent appellate decisions underscore that Vavilov is the general framework for judicial review of administrative action: Universal Ostrich Farms Inc. v. Canada (Food Inspection Agency), 2025 FCA 147 and Rogers v. Director of Maintenance Enforcement Program, 2025 YKCA 12. In both cases, Vavilov’s domain is extended, first to the review of government ‘policy’, second to the review of government inaction (via, as an added bonus, an analysis that is highly consequential in terms of the availability of mandatory orders as remedies for unlawfulness). …

Canadian Securities Law
Permanent WKSI Regime in Canada Modernizes Capital Raising for Established Issuers

The Canadian Securities Administrators (“CSA”) have released the much anticipated final amendments to National Instrument 44-102 Shelf Distributions (“NI 44-102”) as well as consequential changes to other policies to establish a permanent expedited shelf prospectus regime for well-known seasoned issuers (“WKSIs”) in Canada (collectively, the “Final Amendments”). The Final Amendments will come into force on November 28, 2025, provided that all necessary ministerial approvals are obtained. The Final Amendments mark a major leap forward in modernizing and streamlining capital raising for Canada’s most established issuers. …

David Whelan
The Blog Horizon

It was the best of times, it was the worst of times. The cratering of X seemed to foreshadow a resurgence of blogging. New platforms sprang up, walled gardens expanded, there was some fracturing but, all in all, not a lot of obvious growth. As someone who blogs but more importantly follows other people’s blogs, it wasn’t quite the outcome I had hoped for. …

Law of Work
What Does Quebec’s Bill 89 Mean For the Right to Strike?

While we are still taking stock of the federal government’s intervention in the recent Air Canada strike—where section 107 of the Canada Labour Code was invoked in an attempt to end a work stoppage (described in the recent blog article by Professor David Doorey) – a bill introduced by the Quebec government last May will grant governments unprecedented power to intervene during a strike or a lock out. Taken together, these interventions signal a troubling evolution in Canadian labour relations: the growing normalization of executive powers to curtail strikes in the name of the “public interest”. …

Know How
New Books – Summer 2025

Here’s a selection of new and noteworthy additions to our print collection over the last few months: Fundamental principles of Canadian unjust enrichment / Mitchell McInnes
Practice Collection -2nd Floor; KF 1244 M36 2025. While attentive to the subject’s historical evolution, the book focuses on the law of unjust enrichment that is practiced in Canadian courts today. It takes a practical approach, and uses recent cases and numerous diagrams to illustrate key concepts. Consistent with the manner in which the Canadian legal system formulates and resolves restitutionary claims, Fundamental Principles of Canadian Unjust Enrichment is divided into four parts: …

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*Randomness here is created by Random.org and its list randomizing function.