Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, has been decided against Mr. Khosa. The decision is one of the first that deals with the application of Dunsmuir. In doing so the Court re-emphasizes that standards of review are to be developed in the complete context of the tribunal being reviewed. There isn’t really […]
This non-placement of traffic signage was recently examined by the Alberta Court of Appeal in, Southland Transportation Ltd. v. Calgary (City), 2008 ABCA 321. The case considers section 533 of the Municipal Government Act that provides that the City is not liable for damage resulting from the absence of a traffic control device. The lower […]
Bias arguments are commonly made. Here is a case referred to me by my friend John Gesher, who is Counsel at the Regional Municipality of Peel. The case of Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176 (CanLII), concerns a bias argument directed at Alberta Court of Appeal Justices. The decision on the recusal […]
What’s a poor boy to do (or lawyer to do) when faced with Dunsmuir and the standard of review and the ATA standards of review. Well naturally you would rely on this case, Lavigne v. British Columbia (Workers Compensation Review Board), 2008 BCSC 1107, wherein the Court states: 89 Accordingly, if the wording of s. […]
A Supreme Court of Canada appeal of the Canada Transportation Agency’s One Person One Fare ruling has been denied. Surprising how much press the decision has garnered. Surprising how out of it the airline spokespeople sound when they speak about the “implications” and “questions” the policy raises. The ruling deals with all disabled travelers, including […]