Trinity Western University v. Nova Scotia Barristers’ Society, 2015 NSSC 25 is the first in what is likely to be a long line of cases on TWU’s battle to get a law school up, running and accredited nationwide (see my earlier post here). Campbell J. found for TWU: the Society’s decision to refuse accreditation was […] Read more

The Supreme Court of Canada had not addressed a challenge to the vires of delegated legislation since reformulating the framework for judicial review of administrative action in Dunsmuir until today’s decision in Katz Group Canada Inc. v. Ontario (Health and Long-Term Care), 2013 SCC 64. A good summary is available here.The Court took a classical […] Read more

A partial answer from the Nova Scotia Court of Appeal: yes.In McIntyre v. Nova Scotia (Community Services), 2012 NSCA 106, the applicant’s spouse had received a lump sum pension benefit, which meant that she had received an “overpayment” of benefits. There was no doubt that there had been an “overpayment” within the meaning of the […] Read more