Duty of fairness

To delay or not to delay? SCC ponders in Law Society of Saskatchewan v Abrametz

It is widely known that the Canadian court systems are generally plagued by delay for many reasons such as lack of resources, high volume of cases, etc. During COVID-19, it was observed that delay was further exacerbated due to lockdowns, which created additional barriers to access to justice. In contrast, administrative law and administrative decision-makers […]

Highwood Congregation v Wall: Decisions About the World’s Greatest Hockey Player are Not Subject to Judicial Review

Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall, 2018 SCC 26 [Wall, 2018 SCC], examined which kinds of decision-making bodies are subject to judicial review for procedural fairness. A recent line of decisions had suggested that, under certain conditions, some private actors (such as political parties, churches, and soccer clubs) may be subject to the […]