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Lowering Expectations: The Supreme Court’s Standard of Review Cases
Why, sadly, Canada’s administrative law community should probably lower its expectations.
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The Supreme Court’s Unreasonable Reasons Doctrine in Admin Law
Why Newfoundland Nurses should be overturned and a recent FCA case adopted as a new starting point.
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Vancouver Event Next Week
Announcing another talk
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When Judicial Disagreement Doesn’t Matter
What does it mean for an appellate court’s decision to be unanimous?
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Criticizing the Supreme Court
Why we should vigorously dissent when the occasion presents itself.
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Reading from a Palimpsest
The Supreme Court of New Zealand holds that declarations of inconsistency are available when Parliament disregards the New Zealand Bill of Rights Act
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Upcoming Canadian Talks
Events at Calgary, McGill, and Queen’s
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Delusions of Grandeur
Justice Abella sets out a vision of the Supreme Court as arbiter of national values
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Judicial Supremacy Defrocked
Justice Abella’s recent speech should remind us that courts are fallible.
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Bell/NFL: The Second Dunsmuir Redux Case
Two weeks ago, I summarized and analyzed the arguments in Vavilov, one of the Dunsmuir redux cases that will be heard at the Supreme Court in December. I’ll now do the same for the second case, Bell/NFL, which similarly focuses on an important conceptual difficulty in the law of judicial review: the presence and implications…
Double Aspect 