Canadian courts have generally been cautious about expanding the content of the record on judicial review. I am generally in favour of restraint (see e.g. here), as expanding the content of the record may have the effect of enticing courts to expand the scope of judicial review. But the factual matrix of Sobeys West Inc. […] Read more

There is another interesting Federal Court case which followed hot on the heels of the Slansky case I posted about here:  Douglas v. Canadian Judicial Council. The theme is similar: what sort of material can a decision-maker be compelled to produce? The underlying inquiry is into the Associate Chief Justice of the Manitoba Court of […] Read more