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Category Archives: Administrative

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Different but Hopefully Equal? Federal and Provincial Employment Standards to be Considered by the Supreme Court

By Curtis E. Marble on Posted in Administrative, Case Previews, Labour and Employment

The Supreme Court of Canada has granted leave in an appeal about whether provincial or federal legislation governs workplace compensation for federal workers.  If the decision of the Court of Appeal in Martin v. Alberta (Workers’ Compensation Board), 2012 ABCA 248 is upheld, federal workers may find that their claims for accident-related compensation will be… → Read More

The UK and Canadian Supreme Courts to Consider the Legal Status of Equity Partners

By Sam Rogers on Posted in Administrative, Case Comments, Labour and Employment, Professions

Can equity partners at professional firms take advantage of statutory employment law protections? Both the UK and Canadian Supreme Courts have recently granted leave in cases which consider that question. In the UK, Clyde & Co LLP v Bates Van Winkelhof concerns a whistle blower claim, money laundering in Tanzania, and allegations of sexual discrimination. In Canada, Fasken Martineau DuMoulin… → Read More

Click Here to Win a Million Dollars!: The Australian High Court Considers Whether Online Intermediaries are Liable for Displaying Misleading or Deceiving Advertisements

By Sam Rogers on Posted in Administrative, Case Comments, Communications, Competition

Online advertising is big business. It is estimated that $92 billion was spent worldwide last year, and forecasters expect that number to reach $143 billion by 2017. But to what extent are the distributers of online advertisements responsible for their content? That was the question considered by the Australian High Court in Google Inc v Australian Competition… → Read More

What’s in a Name? Ontario Pharmacies Fight to Substitute Brand-Name Drugs with Private-Label Equivalents

By Larissa Moscu on Posted in Administrative, Case Previews

The Supreme Court of Canada has granted leave to appeal in a case that pits retail pharmacy chains in Ontario against the provincial government in a battle over generic drug reform. At the heart of this appeal is whether Ontario can lawfully prohibit pharmacies from selling private–label generic drugs by regulation, rather than by statute…. → Read More

Securities Commissions and the “Public Interest” at the SCC: Court to Rule on Inter-Provincial Reciprocal Orders and Limitation Periods

By Elder C. Marques on Posted in Administrative, Case Comments, Procedure, Securities

The Supreme Court of Canada agreed earlier this summer to hear the appeal in Patricia McLean v. Executive Director of the British Columbia Securities Commission, an interesting case that raises several legal issues relevant to provincial securities commissions and the extra-provincial reach of securities litigation. With the Court’s decision last week to dismiss the leave application in… → Read More

Infringing via the Unspoken: Marlboro Appeal Increases Scope of Confusion for Trade-marks Infringement

By Daniel G.C. Glover on Posted in Administrative, Case Comments, Intellectual Property

In an eagerly anticipated decision, the Federal Court of Appeal has allowed in part Imperial Tobacco’s unique infringement lawsuit against Philip Morris in the Marlboro Canada Ltd. v. Philip Morris Products S.A. decision. This  lawsuit involved the first cigarette package in the world that bore no brand name, with the plaintiff claiming instead that the… → Read More

Can the Queen Be Taken at Her Word? Federal Court of Appeal Answers in Canada v. South Yukon Forest Corporation

By Ronald Podolny on Posted in Administrative, Case Comments, Construction and Real Estate, Contracts, Energy, Torts

The Federal Court of Appeal has clarified when the federal Crown will be held responsible for representations made by its officers. In issuing its decision, the Court opted for a narrow interpretation of the Crown’s liability and reiterated that parties that rely on the Crown’s representations have the responsibility to conduct their own due diligence.

Dunsmuir and the Demise of Deference – or – why Ministers just can’t get no respect

By Daniel G.C. Glover and Curtis E. Marble on Posted in Administrative, Case Comments

Background In a judgment illustrating how the Dunsmuir analysis is to be applied to ministerial decisions, Mainville J.A. for the unanimous Federal Court of Appeal (the “FCA”) ruled that a Minister is not entitled to the same level of deference as an administrative tribunal when interpreting their ‘home’ statute(s). This decision arises out of an… → Read More

B.C. Court of Appeal Considers Extraterritorial Reach of Securities Act

By Brandon Kain on Posted in Administrative, Case Comments, Constitutional, Securities

In an interesting new judgment - Torudag - the British Columbia Court of Appeal has held that the B.C. Securities Commission may assert regulatory jurisdiction over residents of other provinces, who engage in insider trading through a stock exchange in Ontario.  The Torudag Court arrived at this conclusion despite extraterritoriality arguments about the constitutional applicability of the B.C. Securities… → Read More

Regulating the Regulator – Pembina intervenes after the fact

By Curtis E. Marble on Posted in Administrative, Case Comments, Energy

In a decision providing ammunition for public interest groups denied an opportunity to intervene before a regulator, the Alberta Court of Appeal denied leave to Pembina on the issue of whether the Alberta Utilities Commission made various errors in approving a power plant. This blog entry, however, will address only the fact that Pembina was… → Read More

FCA to Review Discretion to Decline Band Members Retroactive Tax Relief

By Daniel G.C. Glover on Posted in Aboriginal, Administrative, Case Previews, Tax

On September 1, the Attorney General of Canada appealed the finding of the Federal Court in Abraham v. Canada, that the Minister of National Revenue had erred in denying members of the Sagkeeng Band tax relief on wages earned while working in a mill located on former reserve lands. The Band members had contended that relief was due… → Read More

Litigating In the Dark: Providing Information to Interveners

By Curtis E. Marble on Posted in Administrative, Case Previews, Energy

Taylor Processing Inc. applied for various approvals from the Energy Resources Conservation Board to operate a co-stream project at its Harmattan plant. Inter Pipeline Fund and BP Canada Energy Company were interveners. Both the Fund and BP opposed Taylor’s application. The Board gave conditional approval to Taylor’s project. This appeal will determine whether the Board… → Read More

Defence Contractor Appeals Disclosure of Contractual Information

By Daniel G.C. Glover on Posted in Administrative, Case Comments, Intellectual Property

In a case that will be of interest to any parties involved in government procurement, Top Aces Consulting Inc. is appealing the decision of the Federal Court to permit the disclosure of pricing information pursuant to s. 44 of the Access to Information Act. Top Aces is an airborne training services contractor that had been… → Read More