Comments | Page 33

Comments

Doing Reasonableness Review: Workplace Health, Safety and Compensation Commission v. Allen, 2014 NLCA 42

There is a fascinating review of Canadian administrative law on reasonableness in Workplace Health, Safety and Compensation Commission v. Allen, 2014 NLCA 42. A received benefits for a workplace injury. These benefits were capped at 80% of actual earnings. A then retired and was to receive benefits “equal” to the pension he would have received. […] Read more

Comments

Filling in the Blanks: EllisDon Corporation v. Ontario Sheet Metal Workers’ and Roofers’ Conference and International Brotherhood of Electrical Workers, Local 586, 2014 ONCA 801

Here is an interesting variant on the ‘reasonable decision but dodgy reasoning’ problem I have raised recently: what if an administrative decision-maker takes a decision that is supported by statutory authority, but fails to mention the statutory authority in question? This is the scenario in EllisDon Corporation v. Ontario Sheet Metal Workers’ and Roofers’ Conference […] Read more

Comments

Wargaming Financial Regulation

Several years ago, in a review of Andrew Ross Sorkin’s excellent review of the 2008 financial crisis, Too Big To Fail, I suggested: Enough is now known about humans’ cognitive tics to start trying to tame them. What if the regulators of financial institutions were required to undergo intensive and ongoing training in behavioural economics […] Read more

Comments

The Law of Unintended (Standard of Review) Consequences: Kanthasamy v. Canada (Citizenship and Immigration), 2014 FCA 113

My post on Febles v. Canada (Citizenship and Immigration), 2014 SCC 68 has attracted many comments. Some readers are sympathetic to the Supreme Court of Canada. And, indeed, one may wonder what the practical effect is of standard-of-review discussions that sometimes border on the metaphysical. Should the Supreme Court of Canada not focus on resolving […] Read more

Comments

Quashing Parts of Administrative Decisions

In Canada, judicial review of administrative decision-makers for reasonableness has two aspects: the reasons must be understandable and the decision must fall within a range of reasonable outcomes. This gives rise to a problem. What should a court do where a decision is reasonable, but the reasons contain important inaccuracies or are incoherent? I addressed […] Read more