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ARTICLE · 18 JULY 2022

The Supreme Court Of Canada Renders Its Decision In Abrametz

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The SCC has concluded that, unlike in criminal proceedings, delay alone will not constitute an abuse of process warranting a stay in administrative proceedings.

CanadaLitigation, Mediation & Arbitration
Katherine J. Fisher
Katherine J. Fisher
Natasha O.Q. Laffin
Natasha O.Q. Laffin
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Key Highlights

  • The SCC has concluded that, unlike in criminal proceedings, delay alone will not constitute an abuse of process warranting a stay in administrative proceedings.
  • Short of a stay of proceedings, the SCC has highlighted that some form of remedy, such as a reduction in sanction or variation of an award of costs, should be afforded in cases of inordinate delay amounting to an abuse of process.
  • In a strong dissent, Justice Suzanne Côté suggests that the SCC's strict approach "invites complacency in administrative proceedings."

In an eight to one split decision, the Supreme Court of Canada (SCC) has rendered its long-anticipated judgment regarding delay in administrative proceedings in Law Society of Saskatchewan v Abrametz [Abrametz], 2022 SCC 29. In its decision, the SCC concluded that, unlike in criminal proceedings, delay alone will not constitute an abuse of process warranting a stay in administrative proceedings.

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