Category: Procedural Law

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Vancouver Airport Authority v Commissioner of Competition: “Public Interest” Privilege Comes Crashing Down to Earth

“Privilege” is a common-law doctrine that prevents the compulsory disclosure of documents or information that is against the public interest. As Justice L’Heureux-Dubé explains: The doctrine of privilege acts as...

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Protracted Immigration Detention and Compressed Proceedings: Habeas Corpus and Charter Claims in Brown v Canada (Public Safety)

In Brown v Canada (Public Safety), 2018 ONCA 14 [Brown], the Ontario Court of Appeal (“ONCA”) found that Alvin Brown’s rights not to be arbitrarily imprisoned or subjected to cruel and...

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The Ontario Court of Appeal Assumes Jurisdiction over Absent Foreign Claimants

On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and...