“Can a litigant challenge the constitutional validity of subordinate legislation such as a provincial regulation by bringing an application under Rule 14.05 in Superior Court or is she required to proceed by way of an application for judicial review in the Divisional Court?” Justice Belobaba says “Yes” in Di Cienzo v. Attorney General of Ontario.… Continue Reading
The Supreme Court of Canada released its administrative law decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47 (“Edmonton East”) in late 2016. The decision was one of our Top Ten Appeals of 2016. It marked a significant shift in how courts determine the standard of review for questions of law on judicial review. The result is that it will be more difficult for individuals and companies to challenge the acts and decisions of government actors, even if the government actors have stepped outside of their legislated authority.… Continue Reading
It has been a busy couple of weeks since our last post. The SCC has released two judgments and six leave decisions of interest. In addition, a pending judgment of interest will be released this week. One of the released judgments and four of the leave decisions will be of interest to those involved in real estate development, management and sales. The other judgment involves government liability and how to apportion damages where the plaintiff has reached settlements with non-parties relating to the same injury. The remaining leave decisions involve an order to a foreign whistleblower to produce documents … Continue Reading
This week, the Supreme Court of Canada granted leave to appeal in one case, and denied leave to appeal in two other cases, all likely to be of interest to Canadian business.
The Court granted leave to appeal from the Alberta ruling in Atco Gas and Pipelines Ltd. v Alberta, 2013 ABCA 310. Under the applicable regime for setting consumer rates, the Alberta Utilities Commission has the power to consider expenditures undertaken by the regulated company. At issue was the extent to which the cost-of-living adjustments owing under the company’s pension plans could be claimed by the company. The … Continue Reading