2012

From Blogger

Medical Marijuana and Fettering Discretion

One of the cardinal principles of administrative law is that a decision-maker should never fetter his or her discretion. A recent case involving a claim for reimbursement for medical marijuana illustrates the principle nicely: Heilman v The Workers’ Compensation Board, 2012 SKQB 361.A battery of pharmaceutical treatments were prescribed over the years for the applicant’s […] Read more

From Blogger

Sean Rehaag on the Luck of the Draw

Osgoode’s twitter feed alerted me yesterday that Sean Rehaag has an interesting empirical analysis of judicial review determinations by the Federal Court on SSRN. His dataset includes leave determinations and determinations on the merits in refugee cases.The title of his working paper is “The Luck of the Draw? Judicial Review of Refugee Determinations in the […] Read more