Final judgments should end disputes, but parties need to know which disputes they were required to resolve. In Patrick Street Holdings Ltd v 11368 NL Inc, the Supreme Court of Canada barred a new argument for payment under a mortgage excluded from an earlier accounting. I agree with that result. But how can respondents know when a challenge to part of an accounting also puts their own claims at stake?
The Haldimand Tract is the site of a contentious and ongoing land dispute between the Six Nations of the Grand River (“Six Nations”) and the Canadian government. The Haldimand Treaty of 1784 granted a large parcel of land to Six Nations, including what is now Caledonia and Haldimand County (Justin Chandler, “Broken Promises, Unceded Land”; […]
How long is too long to wait for an administrative procedure to run its course? Has the answer changed given increasing focus on improving access to justice in the court system? Or does the COVID-19 pandemic potentially call for a total rethink of existing administrative law rules?
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 […]
The Supreme Court of Canada’s ("SCC") decision in Potter v New Brunswick Legal Aid Services, 2015 SCC 10 [Potter], calls on employers to communicate transparently with employees, unless legitimate business reasons require otherwise. The decision arose from a claim of constructive dismissal that had been denied by both the trial and appellate courts of New […]
The Ontario Court of Appeal's judgment in PS v Ontario, 2014 ONCA 900, has determined that a detainee in a mental health institution suffered discrimination and a denial of procedural fairness, contrary to his Charter rights under Sections 15 and 7. The case arose from the 19-year-long involuntary detention of a man, identified only as PS, at a […]