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Judicial Appointments under Mr. Harper

The latest issue of Policy Options has a section on judicial appointments. There are superb contributions from a high-profile slate of academics and practitioners. I also have a piece, in French. Here is the conclusion: L’observateur de l’histoire du mouvement conservateur aux États-Unis, Steven M. Teles, dirait sans doute que les conservateurs canadiens se trouvent […] Read more

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The Hazards of Rebottling Old Wine: Dane Developments Ltd. v. British Columbia (Forests, Lands and Natural Resource Operations), 2015 BCSC 1663

We all know the famous observations of legal historians about the influence of procedure on the development of the the common law. Maine’s remark about substantive law being “gradually secreted in the interstices of procedure” and Maitland’s quip about the buried forms of action that “still rule us from their graves” remind us that procedural […] Read more

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A Pluralist Account of Deference and Legitimate Expectations: The Many Forms of Legitimate Expectation

I will be contributing a chapter, with the working title, “A Pluralist Account of Deference and Legitimate Expectations” to a forthcoming Hart Publishing collection edited by Matthew Groves and Greg Weeks. Here is the first section of my draft. As always, comments are very welcome. Download the whole paper here. Introduction Legitimate expectation, Lord Fraser […] Read more

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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