The power of courts to order interim remedies in judicial review proceedings was squarely in issue in Amalorpavanathan v. Ontario (Health and Long-Term Care), 2013 ONSC 4993. The subsequent decision on the merits (given orally: 2013 ONSC 5415) involved an interesting application of the doctrine of legitimate expectations.A group of physiotherapy clinics are to be […] Read more

The Supreme Court of Canada heard argument last Monday in an important case on reviewing delegated legislation: Shopper’s Drug Mart v. Minister for Health. The pharmacies lost in the Ontario Court of Appeal: 2011 ONCA 830; though Epstein J.A. delivered a convincing dissent. Up for discussion at the Supreme Court of Canada was the vires […] Read more

There are limits to what courts can do to thwart legislative enactments of Henry VIII clauses, which grant powers to the executive to modify legislation. Typically, Henry VIII clauses are included in legislation for limited periods of time, to facilitate the implementation of the statutory provisions. Much of what governs modern life is not produced […] Read more

The UK Supreme Court decided two very interesting immigration cases the week before last, touching on two very interesting issues.The first issue was whether the royal prerogative in respect of immigration control had been ousted by the Immigration Act, 1971. That Act seems to be expressed in permissive terms. It allows, but does not require, […] Read more