Rogers v. Director of Maintenance Enforcement Program

canada, canadian, case law, court opinion, canlii, ykca, 2025ykca12, 2025 ykca 12 (canlii), 2025, ykca, 12, (canlii), 24-yu913, 2025, administrative law, judicial review, regulation, making powers, failure of commissioner in executive council to enact regulations under s. 22(1) of the maintenance enforcement act, is the issue of regulatory inaction justiciable?, courts have a supervisory role over executive inaction where it frustrates legislative intent, vavilov framework applied to review of executive inaction, statutory interpretation, maintenance enforcement act, section 22(1) requiring commissioner to prescribe a minimum income exempt from garnishment, whether statutory language is mandatory or permissive, statutory purpose to balance enforcement of maintenance orders with payors’ basic needs, failure to prescribe minimum income renders s. 22(1) without legal effect, family, maintenance orders, enforcement, garnishment of income, whether failure to prescribe minimum income under s. 22(1) of the maintenance enforcement act undermines legislative intent to protect payors from poverty, commissioner’s inaction found to thwart legislative purpose, director’s reliance on policy insufficient to fulfill statutory mandate, social welfare, remedies, declaratory relief, commissioner’s failure to enact regulations under s. 22(1) of the maintenance enforcement act declared unlawful, mandamus not issued as remedy of last resort, declaration sufficient to ensure compliance with statutory obligations, court intervention warranted to operationalize legislative intent