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Human Rights in the Administrative Decision-making Process: Moncrief-Spittle v Regional Facilities Auckland Limited [2022] NZSC 138
Paul Daly January 17, 2023
The New Zealand Supreme Court’s recent decision in Moncrief-Spittle v Regional Facilities Auckland Limited [2022] NZSC 138 contains an illuminating discussion of many important issues, including the obligation of public decision-makers to take human rights into account in their decision-making processes. The incident which gave rise to the underlying litigation was the cancellation of an […] Read more
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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
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Concurrent Jurisdiction: Citizenship Act, s. 10.5(1)
Paul Daly November 29, 2022
I recently speculated about the scope of the new correctness category recognized by the Supreme Court of Canada in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30. At today’s Supreme Court of Canada hearing in Mason (see my post here: I was co-counsel for one of the […] Read more
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Resisting which Siren’s Call? Auer v Auer, 2022 ABCA 375 and TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs), 2022 ABCA 381
Paul Daly November 24, 2022
In a pair of decisions this week the Alberta Court of Appeal has tackled the question of the framework for judicial review of regulations: Auer v. Auer, 2022 ABCA 375 and TransAlta Generation Partnership v. Alberta (Minister of Municipal Affairs), 2022 ABCA 381. In both instances — Governor-in-Council regulations on support payments in Auer, ministerial […] Read more
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Standard of Review and Certified Questions under the Immigration and Refugee Protection Act
Paul Daly November 22, 2022
Next week the Supreme Court of Canada will hear the appeal in the Mason case. The principal issue is the interpretation of s. 34(1)(e) of the Immigration and Refugee Protection Act. Under s. 34, a permanent resident or foreign national is inadmissible to Canada “on security grounds” for, amongst other things, “engaging in acts of […] Read more
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OBA Annual Update on Judicial Review
Paul Daly November 21, 2022
Justice Stratas and I will be presenting at the Ontario Bar Association’s Annual Update On Judicial Review tomorrow (registration for the webcast is here). Here is the bill of fare: The Supreme Court: Undue Delay, International Law and the Standard of Review Law Society of Saskatchewan v. Abrametz, 2022 SCC 29 Society of Composers, Authors […] Read more