Suppose there is an administrative decision-maker. Suppose the legislature, in its wisdom, provides for an internal means of appeal. What standard of review should the appellate decision-maker apply to the first-instance decision-maker? And how should a court judge the choice of standard on judicial review? Proceeding from first principles, I would say the answer is […] Read more

In the context of an ongoing investigation of the embattled engineering firm, SNC-Lavalin, Québec’s securities regulator compelled an executive to produce certain documents. In the same letter, however, the regulator purported to prevent the executive from telling anyone else about the documents (apart from the company’s lawyers). Revealing the existence of an ongoing investigation was […] Read more