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Canada Standard of Review

Stikeman Elliott LLP

Supreme Court Rejects “Jordan-izing” Administrative Proceedings and Confirms High Threshold for Stay of Proceedings in...

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In Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, the Supreme Court of Canada (“SCC” or “the Court”) considered the issue of whether lengthy disciplinary proceedings against a Saskatchewan lawyer amounted to an abuse...more

Bennett Jones LLP

British Columbia Court of Appeal Applies the Correctness Standard of Review to an International Arbitration

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Over the last few years, there has been considerable uncertainty in Canada about the standard of review applicable to appeals from domestic arbitral awards. This uncertainty stemmed in large part from the conflicting views...more

Smart & Biggar

Federal Court of Appeal upholds Minister of Health’s refusal to grant NHP licence for BOLUOKE

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As previously reported, McHaffie J. of the Federal Court dismissed an application for judicial review brought by Canada RNA Biochemical (C-RNA), concluding that the Minister of Health (Minister) was reasonable in refusing to...more

Smart & Biggar

Federal Court quashes RUZURGI NOC and returns matter to the Minister of Health for redetermination

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Update: On redetermination, Health Canada issued a new notice of compliance for RUZURGI on June 24, 2021. Catalyst and Kye have sought judicial review (Court File No T-1047-21). On May 31, 2021, the Federal Court quashed a...more

Smart & Biggar

Federal Court of Appeal finds Minister of Health’s refusal to grant a CSP for SHINGRIX is reasonable

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In the first appellate decision relating to Certificates of Supplementary Protection (CSPs), the Federal Court of Appeal has allowed the appeal of the Minister of Health (the Minister), setting aside the lower court judgment....more

Smart & Biggar

Federal Court strikes price calculation provision of amendments to Patented Medicines Regulations

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UPDATE: On September 10, 2020, the applicants (Innovative Medicines Canada and the company applicants) appealed Justice Manson’s decision (A-215-20). On September 21, 2020, the Attorney General of Canada cross-appealed. As...more

Bennett Jones LLP

Federal Court of Appeal Dismisses Challenge to GIC Approval of Trans Mountain Pipeline Expansion Project

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Canada's duty to consult with Indigenous peoples does not guarantee outcomes, the Federal Court of Appeal (FCA or Court) confirmed in Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 [Coldwater]....more

Bennett Jones LLP

Supreme Court of Canada Reforms Judicial Review

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Signaling an increased willingness to overturn decisions of administrative tribunals, the Supreme Court of Canada has reformed the law governing judicial review in Vavilov, a case about the children of Russian spies, and in...more

Smart & Biggar

Federal Court of Appeal requires PMPRB to re-determine whether patent ‘pertains to’ Galderma’s DIFFERIN

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By: Urszula Wojtyra On June 28, 2019, the Federal Court of Appeal granted the appeal of the Patented Medicine Prices Review Board (PMPRB or Board) and returned to the Board the matter of whether the invention of the 237...more

Smart & Biggar

Federal Court finds PMPRB unreasonable in finding Galderma patent 'pertains to' medicine in DIFFERIN

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In a November 9, 2017 decision, Justice Phelan of the Federal Court found that the Patented Medicine Prices Review Board Panel (Board) was unreasonable in its assessment that a patent ‘pertained’ to Galderma Canada’s DIFFERIN...more

Bennett Jones LLP

The Supreme Court of Canada Clarifies the Personal Liability of Directors in Oppression Cases

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In Wilson v. Alharayeri, 2017 SCC 39 [Alharayeri], the Supreme Court of Canada in a unanimous decision provides significant guidance as to when directors ought to be held personally liable for oppressive conduct under the...more

Bennett Jones LLP

The Appeal in Teal: SCC Majority Restores Commercial Arbitrator's Award

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The Supreme Court has again restricted the scope of appeals from decisions of commercial arbitrators, this time upholding an arbitrator's award of compensation under a British Columbia statute by a close majority....more

WilmerHale

Canadian Mining Company Strikes Gold in US Court

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Arbitration analysis: Steven Finizio and Manuel Casas at WilmerHale, consider the US District Court’s decision in Crystallex v Venezuela to uphold the $1.2bn damages award and suggest that the case reaffirms the deferential...more

Blake, Cassels & Graydon LLP

Acting the Part: Ontario Court of Appeal Clarifies Use of Future Conduct in Contractual Interpretation

On December 2, 2016, the Ontario Court of Appeal (Court) provided new guidance on the principles of contractual interpretation in the wake of the Supreme Court of Canada’s 2014 decision in Sattva Capital Corp. v. Creston Moly...more

Bennett Jones LLP

Deference for Assessment Review Boards

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Supreme Court of Canada Upholds Reasonableness as Standard of Review - The standard of review of a composite assessment review board’s decision to increase a property tax assessment is reasonableness, the Supreme Court...more

Bennett Jones LLP

The Supreme Court of Canada’s Fall Term: the Internet Court?

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The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

Bennett Jones LLP

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

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On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

Blake, Cassels & Graydon LLP

Appeal Court Applies Correctness Standard of Review for Standard Form Contracts, Distinguishes Sattva

The Court of Appeal for Ontario has held that appeal courts will review decisions interpreting standard form contracts on a correctness standard, as opposed to the more deferential standard of review of reasonableness....more

Bennett Jones LLP

Ontario Court of Appeal Upholds Dismissals for Delay

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On June 4, 2013, the Ontario Court of Appeal released two decisions about dismissals for delay. In Faris v. Eftimovski, the Court upheld a status hearing dismissal. In Nissar v. The Toronto Transit Commission, the Court...more

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