The Supreme Court Of Canada's Latest Word On Administrative Delay: Five Takeaways

Having a tribunal proceeding permanently stayed on the basis of administrative delay has never been an easy feat. Canadian Courts have long held that in order for the passage of time to give rise to an abuse of process, the delay must be "inordinate". That is, the applicant will suffer significant prejudice if an administrative proceeding is not stopped in its tracks. Broadly speaking, Courts try to strike a balance between the fair administration of justice and the need to have a hearing proceed on the merits.

This past summer, the Supreme Court of Canada ("SCC") reconceptualized the circumstances in which an excessive delay amounts to an abuse of process, justifying a stay of proceedings. A number of key lessons emerge from Law Society of Saskatchewan v. Abrametz, 2022 SCC 29 ("Abrametz"), a decision that, in many ways, heightens the bar to achieving a stay in the administrative law context.