Dalhousie Law Journal


Administrative law, developments, judicial review, substantive grounds, jurisdictional error, error of law, rules of natural justice


In 1976, in the first of these surveys, I dealt exclusively with Nova Scotia decisions involving the substantive grounds of judicial review - jurisdictional error, error of law on the face of the record and breach of the rules of natural justice.' Remedies were scarcely mentioned for the very good reason that in the period then under review there were few, if any cases, raising important remedial problems. Now, just over a year later, the situation is the reverse. Most of the interesting judicial review cases of the last eighteen months in Nova Scotia have been ones involving remedial problems. Indeed, in one or two instances, these difficulties were quite novel in Canadian administrative law jurisprudence. Accordingly, the bulk of this survey article will be devoted to those cases. However, I would remiss if I failed to discuss those few important substantive issues that surfaced during the year and they will be dealt with in the second part of the article.