collateral attack
Keeping the Federal Government out of the Provincial Courts
In its 2010 decision in Telezone, the Supreme Court of Canada took a relatively relaxed approach to private law actions against the federal government in provincial court. The difficulty is that in some of these cases a court will have to adjudicate on the lawfulness — as a public law matter — of actions or […] Read more
Some Recent Decisions on Regulators’ Investigative Powers
A helpful way to keep up with recent legal developments in Canada is to follow the output of the country’s leading law firms.From Fraser Milner Casgrain comes a nice note on a decision of the British Columbia Court of Appeal involving an investigation by the tax authorities. As the Court explained in R. v. He, […] Read more
Aboriginal Rights and Administrative Law
Via Canadian Appeals Monitor, word that the Supreme Court of Canada has granted leave to appeal from the decision of the British Columbia Court of Appeals in Sally Behn v. Moulton Contracting Ltd. The primary issue here will be whether individual members of a First Nation can rely on a breach of the duty to […] Read more