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Supreme Court of 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

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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

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Court of Appeal Confirms That a Municipality Cannot Rely on Undisclosed Information at the Assessment

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In a recent decision, Edmonton (City of) v Ten 201 Jasper Avenue Ltd, 2020 ABCA 60, the Alberta Court of Appeal confirmed that a municipality must disclose all relevant information the municipality considered in preparing a...more

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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

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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

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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

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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

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

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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

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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

Blake, Cassels & Graydon LLP

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). ...more

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