Nova Scotia (Community Services) v. T.G., 2012 NSCA 43 is a sad case about adoption. Sad because of the facts and sad because lengthy litigation has prevented a young child being placed in a permanent home.The child’s siblings were in the care of another family. Initially, the child at the centre of the case was […] Read more

Somewhat obvious, one would have thought! One can imagine the surprise of the applicant in Can-Euro Investments Ltd. v. Ollive Properties Ltd., 2013 NSCA 80, who, having withdrawn an appeal before the Utility and Review Board was nonetheless strongly criticized in a decision handed down weeks later. The relevant facts can be briefly recounted: [26]   […] Read more

Economical Mutual Insurance Company v. British Columbia (Information and Privacy Commissioner), 2013 BCSC 903 is a very interesting case.An insurance company pulled up the credit score of an applicant who was applying for a renewal of his policy. The individual complained to the Information and Privacy Commissioner that he had not consented to the company […] Read more

An interesting aspect of the Irish Supreme Court decision in EMI Records (Ireland) Ltd. v. The Data Protection Commissioner, [2013] IESC 34 is that judicial review proceedings were taken by the applicants even though they were not targeted by the enforcement notice issued by the respondent. This notice was legally flawed: see my previous post […] Read more

I posted some harsh(ish) words previously about the Irish Supreme Court’s position on the right to reasons. More recently, in EMI Records (Ireland) Ltd. v. The Data Protection Commissioner, [2013] IESC 34, the Court has laid its position out with more clarity. The factual  background is important. An internet provider entered into a settlement with […] Read more

A provincial Irish newspaper called the Skibbereen Eagle famously concluded an editorial on European politics by noting that it would be keeping a close eye on the Tsar of Russia. There is nothing provincial about the accomplished Lisa Heinzerling, but she has nonetheless been keeping a close eye on President Obama’s former regulatory Tsar, Cass […] Read more

I have posted previously on the recent Supreme Court of Canada decision in Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36. One of the interesting aspects of the decision is the giving of deference to a ministerial interpretation of law, even though the interpretation was only “implied”. How does one square this […] Read more

I have a new paper up at SSRN, “Dismantling Regulatory Structures: Canada’s Long-Gun Registry as Case Study“. Here is the abstract: The story of the creation and destruction of Canada’s long-gun registry tells us much about the legal framework for deregulation, a topic which has received little consideration. The abolition of the registry and the […] Read more

The vexed question of the adequacy of reasons got another outing in Wall v. Independent Police Review Director, 2013 ONSC 3312. Here, an individual arrested during an allegedly heavy-handed police operation at the 2010 G20 summit in Toronto made a complaint about his treatment. Having spent 28 hours in custody, he was released without charge.His […] Read more

When an administrative decision-maker’s interpretation of a statutory provision is longstanding, is it entitled to extra deference from the courts?For my part, I think the usual reasons for deference (legislative choice, expertise, complexity, democratic legitimacy and participation) apply whether or not an interpretation is longstanding.  Novelty is not a reason for less deference and longstandingness […] Read more