In response to Canada Post’s announcement that it was restructuring its mail delivery and doing away with home delivery services, the City of Hamilton passed a by-law giving the City control over the installation of equipment on municipal roads, including Canada Post’s community mailbox (“CMB”) delivery systems. Last week, the Ontario Court of Appeal held that the by-law was constitutionally inoperative to Canada Post since it conflicted with the federal Canada Post Corporation Act and the Mail Receptacles Regulations. The Court of Appeal’s decision highlights a tension in the pith and substance jurisprudence between the principle of … Continue Reading
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This blog expresses our views on upcoming and decided appeals of interest to Canadian businesses and professions. It also comments on the impact of legal changes that may affect appellate procedure, and relates insights and best practices derived from our experiences handling complex appeals.