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Dunsmuir and the demise of deference or why ministers just can’t get no respect
- McCarthy Tétrault LLP
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- Canada
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- May 4 2012
In a judgment illustrating how the Dunsmuir analysis is to be applied to ministerial decisions, Mainville J.A. for the unanimous Federal Court of Appeal (the “FCA”) ruled that a Minister is not entitled to the same level of deference as an administrative tribunal when interpreting their ‘home’ statute(s
The Superior Court dismisses a claim for disguised expropriation and neighbourhood annoyance in an environmental law matter
- McCarthy Tétrault LLP
- -
- Canada
- -
- October 20 2011
On August 22, 2011, the Superior Court (Court) rendered judgment in Girouard v. Ville de Mont St-Hilaire, an interesting decision in the field of both municipal and environmental law
SCC to determine whether an order to clean is a claim under the CCAA
- McCarthy Tétrault LLP
- -
- Canada
- -
- November 3 2011
On November 16, 2011, the Supreme Court of Canada will hear a case challenging the constitutionality and applicability of several sections of the Companies’ Creditors Arrangement Act (CCAA) to provincial environmental statutes
B.C. Court of Appeal clarifies public consultation proceses
- McCarthy Tétrault LLP
- -
- Canada
- -
- April 10 2007
There have been a number of recent cases relating to the scope of consultation that must occur with First Nations in respect of Crown decisions relating to major projects
