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Call Off the Funeral: Ontario Divisional Court Revives “True Questions of Jurisdiction” in Judicial Review

Canada - January 2 2019 Over the last decade, Canadian Courts have struggled with the issue of when to apply the less deferential standard of review of "correctness" in the...


What Role Does “Fairness” Play in Statutory Interpretation?

Canada - November 13 2018 For decades, the modern approach to statutory interpretation has required judges to discern legislative intent by examining the words of an Act in...


Section 5(1)(a)(iv) of the Ontario Limitations Act: Not the Broad Provision We all Assumed it to Be

Canada - October 9 2018 Section 5(1)(a)(iv) of the Ontario Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the "Act") postpones the running of the limitation period where...


Presumptive Deference to Tribunals on Appeal: When Will the Courts Intervene?

Canada - September 10 2018 When an administrative tribunal interprets its governing statute, this usually raises a question of law. The tribunal is engaged in an exercise of...


When is an International Arbitration Award “Binding” for the Purposes of Domestic Enforcement?

Canada, Global - July 26 2018 Successful parties who engage in international commercial arbitration will inevitably want to have the arbitral award recognized and enforced in...