Good Faith Bargaining and Deference

The Supreme Court of Canada has granted leave in National Gallery of Canada v. Canadian Artists’ Representation, 2013 FCA 64. This has the potential to be a very interesting administrative law case. I think that the majority of the Federal Court of Appeal was wrong and hope that the Supreme Court will favour the approach taken by Pelletier J.A. in his dissent.

Knowing who your friends are (and what that might do to you)

An interesting decision from the Federal Court of Canada today, the latest installment in a long-running labour relations saga at Canada Post.

Deference to Administrators' Interpretations of their Own Regulations

The Supreme Court of the United States recently cast a critical eye over the concept of Auer deference (so called even though the seminal case is actually Bowles v. Seminole Rock & Sand Co.). When administrative bodies promulgate rules, regulations and policies to fill in the gaps in statutory provisions, their promulgations may themselves have gaps and require further interpretation. Auer deference commands that any such further interpretation "becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation" (see here).