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Results: 1-10 of 29

Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis
  • McMillan LLP
  • Canada
  • February 22 2016

Over the last decade, the Supreme Court of Canada has struggled with the right way to approach its "prodigal child": the standard of review. The


Does “privilege of the law of evidence” include solicitor-client documents?
  • McMillan LLP
  • Canada
  • November 30 2015

A recent appellate case holds freedom of information rulings cannot override a party’s claim of solicitor-client privilege. The Supreme Court of


When does access become frivolous?
  • McMillan LLP
  • Canada
  • November 9 2015

Ontario's Freedom of Information and Protection of Privacy Act ("FIPPA") and its subordinate regulations permit a government institution to decline


Equitable remedies at tribunals? Only if statutory
  • McMillan LLP
  • Canada
  • July 21 2015

Pleas for equity often ring out in courtrooms. Lawyers may invoke inherent jurisdiction of the courts and common law precedent to seek relief. Are


The emaciation of Ontario’s Labour Relations Board and Human Rights Tribunal
  • McMillan LLP
  • Canada
  • June 25 2015

According to a report of the Society of Adjudicators and Regulators (SOAR), Ontario's Labour Relations Board, Human Rights Tribunal and other


What fair is fair? The duty of fairness owed to RFP proponents
  • McMillan LLP
  • Canada
  • June 11 2015

If a government institution does not follow a written policy when conducting its RFP procedure, proponents may want to turn to the courts. But what


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