I am rusty on civil procedure — because I do not pay enough attention to Karim Renno’s torrent of excellent posts! — but I think I am entitled to a response to his reply to my defence of deference on questions of procedural fairness. Whether he wants a sur-reply is up to him; by then […] Read more

It seems to be, post-Forest Ethics Advocacy Association v. National Energy Board, 2014 FCA 245. First, the facts. The Board conditionally approved a major pipeline project to be completed by Enbridge. There are various challenges to the decision pending before the courts. This challenge concerned a number of matters that could fairly be described as […] Read more

A well-written student note takes me to task for my interpretation of Catalyst Paper Corp. v. North Cowichan (District), [2012] 1 SCR 5. Catalyst has not (yet) proved to be catalytic. It has not been applied to delegated legislation or decisions taken by other elected bodies. I unhesitatingly concede that Canadian courts have treated Catalyst […] Read more

In Maritime Broadcasting System Ltd. v. Canadian Media Guild, 2014 FCA 59, Stratas J.A. added his voice to the chorus of judges urging deference on questions of procedural fairness. A choir composed of Bich J.A., Evans J.A. and Stratas J.A. cannot be drowned out by assertions of the orthodoxy that ‘correctness is the standard of […] Read more