2023
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Procedural Fairness in High-Volume Tribunals: How Not to Do It
Paul Daly January 9, 2023
Two recent examples, both from the landlord and tenant context, of how not to run a fair hearing. In Abara v. Hall and Lee, 2022 ONSC 7093, a landlord successfully obtained an order terminating a tenancy but received no compensation: the Landlord and Tenant Board found that the tenants had vacated the property and that […] Read more
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2023 Administrative Law & Governance Colloquium: Registration Open
Paul Daly January 9, 2023
You can now register here for the sessions in this year’s Administrative Law & Governance Colloquium, to be held virtually (Tuesdays 11.30 to 12.50). The Colloquium kicks off on February 7, with Professor Margit Cohn: February 7, Professor Margit Cohn (Hebrew University of Jerusalem), on the executive February 21, Professor Liz Fisher (University of Oxford) […] Read more
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2023 Administrative Law & Governance Colloquium: “The Legitimacy of the State”
Paul Daly January 6, 2023
The topic for the 2023 edition of the Administrative Law & Governance Colloquium was “The Legitimacy of the State”: The legitimacy of contemporary liberal democratic states is in a state of flux. Managing the effects of globalization, responding to the COVID-19 pandemic and fighting escalating inflation have prompted serious questions about public administration in the […] Read more
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An Introduction to the Duty of Candour
Paul Daly January 5, 2023
Defining the Duty of Candour The duty of candour requires parties to judicial review applications, especially government respondents, to “to make full and fair disclosure”.[1] They must “explain fully what has occurred and why”.[2] The duty has been recognized by the English courts[3] and by courts in other jurisdictions, such as New Zealand,[4] Ireland[5] and […] Read more
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On a High Wire: Canada (Commissioner of Competition) v Rogers Communications Inc and Shaw Communications Inc, 2023 Comp Trib 1
Paul Daly January 4, 2023
Probably the hottest topic in the world of Canadian regulation in recent months has been the proposed merger between two telecommunications behemoths, Rogers and Shaw, with the former essentially to absorb the latter. In extensive reasons published on New Year’s Eve, the Competition Tribunal found that the merger could go ahead: Canada (Commissioner of Competition) […] Read more