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ARTICLE · 28 APRIL 2022

Abuse Of Process In Administrative Proceedings May Cause A Shift In The Law

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As we await the Supreme Court of Canada's (SCC) anticipated decision in the appeal of Abrametz v Law Society of Saskatchewan [Abrametz], 2020 SKCA 81, leave to appeal to SCC granted...

CanadaLitigation, Mediation & Arbitration
Katherine J. Fisher
Katherine J. Fisher
Natasha O.Q. Laffin
Natasha O.Q. Laffin
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As we await the Supreme Court of Canada's (SCC) anticipated decision in the appeal of Abrametz v Law Society of Saskatchewan [Abrametz], 2020 SKCA 81, leave to appeal to SCC granted, No 39340, it is opportune to review the current state of the law regarding delay amounting to an abuse of process in administrative proceedings, and to highlight why the SCC may be inclined to update such law.

The leading case on delay in administrative proceedings has been Blencoe v British Columbia (Human Rights Commission) [Blencoe],2000 SCC 44. As held by the SCC in Blencoe, delay, without more, will not constitute an abuse of process warranting a stay of proceedings. While this strict approach has blocked numerous delay applications from succeeding for over 20 years, notably, in July 2020, the Saskatchewan Court of Appeal revisited the issue in Abrametz, providing for the possibility of change in future administrative law proceedings.

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