2015

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A Principled Stand on Tribunal Participation in Judicial Review: Ontario (Energy Board) v. Ontario Power Generation Inc., 2015 SCC 44

The Supreme Court of Canada released a very important decision on tribunal standing today: Ontario (Energy Board) v. Ontario Power Generation Inc., 2015 SCC 44, a utilities regulation case concerning the Board’s decision to disallow salary costs even though a substantial portion was fixed in place by a binding collective agreement. The Court upheld the […] Read more

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Upcoming Speaking Engagements

There is a busy Fall ahead for your erstwhile blogger! First, a plug for a new professional development/networking programme we are starting at U de M: les Rendez-vous juridiques. The first is a pre-election special on October 5, featuring Yolande James and my colleagues Jean Leclair, Noura Karazivan and Hugo Tremblay on a variety of […] Read more

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Publication Updates

My article on administrative appeals, Les appels administratifs au Canada is now published in the Canadian Bar Review. Subscribers can access it here. There is an open-access version on SSRN. The article has already provoked interest (see Hachey Livestock Transport Ltd. v. Canada (Minister of Agriculture and Agri-Food), 2015 CART 19, at para. 37 ff) […] Read more

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Ideology and Administrative Law (Again)

Over at Double Aspect, Léonid Sirota has a typically interesting reaction to my post on Brown J.’s appointment to the Supreme Court of Canada. He begins: In a (somewhat) recent post commenting on Justice Brown’s appointment to the Supreme Court, Paul Daly wrote about “an interesting paradox” in the world of judicial review of decisions by […] Read more

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Green Lighting Correctness Review: Stewart v Elk Valley Coal Corporation, 2015 ABCA 225

Has the Supreme Court of Canada encouraged lower courts to employ correctness review of certain legal questions? Its recent decisions in Tervita Corp. v. Canada (Commissioner of Competition), 2015 SCC 3 and Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16, both cases where the Court decided correctness review would be appropriate (see my posts […] Read more