In my recently published article, “The Unfortunate Triumph of Form over Substance in Canadian Administrative Law“, I argued that Dunsmuir did not make administrative law any simpler. It is always gratifying to be proved right, so it is with (gloating!) pleasure that I note the decision in Manitoba v. Russell Inns Ltd. et al., 2013 […] Read more

In most jurisdictions, courts have had difficulty in calibrating the appropriate procedures for public office-holders. It is easy to understand why: employment — and dismissal — by public bodies is bound up with statute and thus presents questions that are amenable to judicial review. However, many public employees also benefit from contractual protections, just like […] Read more

Term has happily come to an end up in now-icy Montréal, so I am catching up on all of the reading I missed in the last few hectic weeks. One paper I read some time ago but neglected to blog about is Privatization’s Progeny by Jon Michaels. A half-thought that occurred to me at the […] Read more