Municipal Powers: Another Look at the Ford Case
News stories about an Ontario court striking down the City of Toronto’s ban on shark fin products (decision not yet available online), as well as a pending media engagement, led me to have another look at Hackland J.’s decision to remove Mayor Rob Ford from office earlier in the week.One of the aspects of the […] Read more
Should Statutes be Interpreted in Light of Regulations?
A partial answer from the Nova Scotia Court of Appeal: yes.In McIntyre v. Nova Scotia (Community Services), 2012 NSCA 106, the applicant’s spouse had received a lump sum pension benefit, which meant that she had received an “overpayment” of benefits. There was no doubt that there had been an “overpayment” within the meaning of the […] Read more
The Public-Private Divide Again
A decision from the Irish High Court in the long-running saga of Dontex Ltd. v. Dublin Docklands Development Authority,  IEHC 318 is a useful example both of the division between private law and public law and of judicial reluctance to bar claims on the basis that the parties have chosen the wrong juridical route.At […] Read more