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A Pluralist Account of Deference and Legitimate Expectations: Competing Underlying Values
Paul Daly October 9, 2015
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. In the second section of my draft I focus on the sometimes confusing values that appear in the cases. As always, comments are very […] Read more
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Judicial Appointments under Mr. Harper
Paul Daly October 7, 2015
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
Paul Daly October 6, 2015
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
Paul Daly October 2, 2015
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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How Changing Modes of Communication May Change the Law
Paul Daly September 29, 2015
Last week’s important Supreme Court of Canada decision on tribunal standing prompts some more general thoughts on my part. There was no oral argument on the standing issue during the hearing, which is striking given the extensive discussion in Rothstein J.’s majority reasons. Standing was argued in the written submissions, but it did not feature […] Read more
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Protesting a Red Card that Wasn’t: Relative Nullity and Gabriel Paulista
Paul Daly September 28, 2015
From the sporting world, an excellent illustration of the administrative law doctrine of relative nullity. Last week, in a match against Chelsea, Arsenal defender Gabriel Paulista was sent off for kicking out at Chelsea striker Diego Costa. Though I may be showing my colours here, it was a preposterous decision: Gabriel’s actions were innocuous compared […] 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
Paul Daly September 25, 2015
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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The Language of Administrative Law VI: Personification
Paul Daly September 24, 2015
(This is the sixth and last in a series of posts, a day early this time because I hope to comment tomorrow on two very important administrative law decisions from the Supreme Court of Canada. You can also read the first, second, third, fourth and fifth installments. Download my draft paper in its entirety here.) […] Read more
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Don’t Estop me Now (From Applying Correctness): Hebron v University of Saskatchewan, 2015 SKCA 91
Paul Daly September 23, 2015
Apologies for the title. Mentioning issue estoppel would have caused my page views to crash through the floor, which would have been a pity because there is a recent case that raises an interesting technical point about issue estoppel and standard of review. In British Columbia (Workers’ Compensation Board) v. Figliola, 2011 SCC 52 the […] Read more
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Upcoming Speaking Engagements
Paul Daly September 22, 2015
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