A challenge for lawyers is to fit new concepts to old language. Law is in a constant state of flux, adapting always to new realities. Sometimes, however, doctrines change rapidly and without courts considering the knock-on effects on other doctrines. The problem of tribunal reconsiderations of their decisions is an example. Say tribunals may reopen […] Read more

Here is a technical problem, discussed in Yellow Cab Company Ltd. v. Passenger Transportation Board, 2014 BCCA 329. When a decision-maker reconsiders, or refuses to reconsider a decision, what is the significance of the original decision for a judicial review application? As a general rule: [40]        Where a party has taken advantage of […] Read more