Late last year, the Supreme Court of Canada derided “fashionable” claims by applicants for judicial review that a correctness standard should apply in the review of administrative decisions. Yet such claims continue to be made successfully before lower courts. Sometimes they are plausible (see here), sometimes they are not (see here, at para. 59). Clear […] Read more

But, I told you so. In my piece on the Supreme Court of Canada’s copyright pentalogy (to appear next year in Michael Geist’s edited collection), I predicted that the concurrent jurisdiction innovation would cause confusion. Sure enough, counsel for the losing party in Pastore v. Aviva Canada Inc., 2012 ONCA 887 made an application for […] Read more