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standard of review

"Persistent Discord" and the Standard of Review in Dismissal Cases: Wilson v Atomic Energy

In Wilson v Atomic Energy of Canada Limited, 2015 FCA 17 [Wilson], released January 22, 2015, the Federal Court of Appeal (“FCA”) dismissed an appeal relating to a dismissal from employment under the Canada Labour Code, RSC 1985, c L-2 [CLA]. This judgment covers a broad range of administrative law issues, clarifying the permissibility of dismissal without […]

Efficiency Prevails in Merger Review: Tervita Corp v Canada (Commissioner of Competition)

**This comment was co-authored in collaboration with TheCourt.ca's Andreea Andrei. Tervita Corp v Canada (Commissioner of Competition), 2015 SCC 3 [Tervita], represents the first Supreme Court of Canada (“SCC”) merger jurisprudence in seventeen years (see Canada (Director of Investigation and Research) v Southam Inc, [1997] 1 SCR 748). It also marks the very first time the SCC […]

The Supreme Court Sends a Clear Message in Katz Group v Ontario that Judges Should Defer to Government Policy

etucker 9.2720 Normal 0 Much of what governments do in Canada is ruled by secondary legislation.  These regulations fill thousands of pages, often dealing with complex technical issues.   Parliament passes statutes with general principles, which authorize government bodies to write the more detailed regulations.  The Supreme Court of Canada's ("SCC") decision in Katz Group Canada […]