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Results: 1-10 of 23

The Competition Tribunal can be reviewed on correctness
  • McMillan LLP
  • Canada
  • January 30 2015

The law on standard of review of administrative decisions is a constantly shifting landscape. Every few years, the Supreme Court of Canada ("SCC"


When is a rule a rule? American and Canadian approaches
  • McMillan LLP
  • Canada, USA
  • December 19 2014

A recent decision of the United States Court of Appeals for the Federal Circuit provides an opportunity to contrast how American and Canadian courts


SCC gives advice on FIPPA advice
  • McMillan LLP
  • Canada
  • June 6 2014

John Doe's request to access a record considering government policy options has been denied by the Supreme Court of Canada. In a unanimous decision


Private (school) decision not reviewable
  • McMillan LLP
  • Canada
  • April 4 2014

After a student of a private school was expelled for his conduct on the last day of grade 12, the student and his parents sought judicial review of


A general question of correctness
  • McMillan LLP
  • Canada
  • August 13 2013

It remains unclear just as to when a standard of review of correctness will be applied to tribunal decisions. In Summitt Energy Management Inc. v


Please don't copy this reasoning
  • McMillan LLP
  • Canada
  • June 21 2013

The recent unanimous decision of the Supreme Court of Canada in Cojocaru v B.C. Women's Hospital1 Cojocaru suggests that copying may be an


Tribunal de-lists bureau's TREB case
  • McMillan LLP
  • Canada
  • April 17 2013

In a short but significant decision issued on April 15, 2013, the Competition Tribunal dismissed the Commissioner of Competition's Abuse of Dominant


Iron driver: driving home the standard of review
  • McMillan LLP
  • Canada
  • January 31 2013

Reviews of the top administrative law decisions of 2012 could be forgiven for missing Construction Labour Relations v Driver Iron Inc. Not only was


Winding-up, without limitation (periods)
  • McMillan LLP
  • Canada
  • January 18 2012

Does the two-year limitation period in Ontario apply when the court is determining a just and equitable distribution of a company’s assets in a winding up proceeding?


Costs or no costs? Reasonable or correct?
  • McMillan LLP
  • Canada
  • November 22 2011

While federally regulated employers may not have been waiting with bated breath for the long-coming outcome of Canada (Canadian Human Rights Commission) and Mowat v Canada (AG) ("Mowat"), it will permit them to breathe a little easier