Friday, 30 August 2013

Standard of Review: Merits or Not

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Canadian administrative lawyers worry a lot about the standard of review. In many cases there is significant disagreement over whether the r...
Wednesday, 28 August 2013

Absolute Liability Rules in Administrative Law

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Doping in sport is a scourge. Eradicating is not easy. The awards for successful doping are very high. Sporting organizations find themselve...
Thursday, 22 August 2013

Independence of Administrative Decision-Makers: No Protection from Independent Inquiries

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The head of Québec's Régie du logement was accused several years ago of playing fast and loose with statistics. He is alleged to have o...
Thursday, 15 August 2013

The hopeless search for 'true' questions of jurisdiction

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The Supreme Court of Canada has repeatedly said since Dunsmuir that there is a category of 'true' questions of jurisdiction. When re...
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Wednesday, 14 August 2013

What is the Record for Judicial Review in Canada?

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An American visitor to Montreal recently asked me "What is the 'record' for judicial review in Canada?" I chuckled, said...
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Tuesday, 13 August 2013

The Thin Line between Law and Discretion

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A recurring issue in the law of judicial review is the distinction between law and discretion. Where this matters the most is in substantive...
Friday, 9 August 2013

Paul Craig -- The Nature of Reasonableness Review

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Professor Paul Craig has posted " The Nature of Reasonableness Review " on SSRN. Here is the abstract: While there is a volumi...
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