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Archive For Entries On Federal Court jurisdiction

Boulter v. Nova Scotia Power Inc.: Challenging our own Stereotypes

The Supreme Court of Canada has recently announced it will deliver judgment in the application for leave to appeal in Boulter v. Nova Scotia Power Incorporated, 2009 NSCA 17. In anticipation of such judgment, it is worthwhile to re-examine the issues at stake in the decision. While much has been written on the mechanics of [...]

Dunsmuir‘s Standard of Review Analysis, One Year Later

Last Friday, the SCC released their decision in Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12. This immigration law case gave the court an opportunity to revisit some of the principles espoused in last year’s landmark administrative law case of Dunsmuir v. New Brunswick, 2008 SCC 9. The facts and lower court decisions have [...]

Provincial Principals and Federal Agents in Societe des acadiens et du Nouveau-Brunswick Inc. v. Canada

Language rights, delegated powers and the constitutional culpability of the Royal Canadian Mounted Police (RCMP) are all at issue in Société des acadiens et acadiennes du Nouveau-Brunswick Inc. v. Canada. The case is on the SCC’s October docket; it is an appeal from the decision of the Federal Court of Appeal, which can be found [...]

Addison: Reassessing the Availability of Judicial Review

On July 12, 2007, the SCC released a judgment dealing with the jurisdiction of the Federal Court in relation to s. 160 of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), pursuant to tax liability issues. Canada v. Addison & Leyen Ltd., 2007 SCC 33 is an appeal from the Federal Court of [...]