Auer v Auer : Vavilov Prevails in the Review of Subordinate Legislation

What standard of review applies when reviewing the vires of subordinate legislation? In the post-Vavilov era, this question has been the subject of conflicting appellate guidance. The Alberta Court of Appeal in this case followed the “hyper-deferential” standard that the Supreme Court (“SCC”) set in Katz Group Canada Inc. v. Ontario (Health and Long‑Term Care) […]

Privacy Commissioner v Facebook: Protecting Your Data From Tech Giants

Canadian privacy law hit Facebook hard in the Federal Court of Appeal’s recent decision in Privacy Commissioner of Canada v Facebook inc., 2024 FCA 140 [Facebook]. The unanimous decision held that Facebook failed to obtain meaningful consent from users prior to disclosing user data. The decision is part of a larger trend in Canadian jurisprudence […]