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Moore v. Getahun: A ‘Glendower’ solution to stamp out manipulation of expert...
More often than not, referral of a legal problem to lawmakers, or to rules committees for broad consultation, is manifestly preferable to making up procedural law on the fly. In the Ontario Superior...
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Why judges’ political activism also hurts lawyers
The Law Times reported that an Ontario Superior Court Justice is facing a complaint by an oil sands advocacy group to the Canadian Judicial Council for his role in a public mock trial of...
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A Very Canadian “Mexican Standoff” of an American Contest between Executive...
Marbury v. Madison is the considered the seminal decision in judicial review of executive and legislative action. At least, that is what the U.S. courts have subsequently repeated. In fact, the 1803...
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A day in court is a day in court, no matter your ability to pay for Access to...
The “blawgosphere” seems to have lit up this week with the release of Morland-Jones v. Taerk, a dispute between neighbours in the affluent Toronto, Canada, neighbourhood of Forest Hill. Essentially,...
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The Role of a Judiciary in a Coalescing Democracy
Il n’y a, en général, que les conceptions simples qui s’emparent de l’esprit du peuple. Une idée fausse, mais claire et précise, aura toujours plus de puissance dans le monde qu’une idée vraie, mais...
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Let’s be honest about the SCC’s new ‘fair opportunity’ doctrine in contract law
On November 13, the Supreme Court in Bhasin v. Hrynew, 2014 SCC 71 (CanLII) changed the law of contract in Canada by imposing duties of good faith and honesty on all contractual relations. Until now,...
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A Self-Harming of Judicial Independence: The Legacy of the Inquiry into Lori...
The Canadian Judicial Council Inquiry Committee regarding the Honourable Lori Douglas is now over. The embattled Manitoba judge, whose late husband allegedly posted nude photos of her online and...
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Judges judging judges: The Douglas Inquiry exposed its flawed process
My recent post on the conclusion of the Canadian Judicial Council (CJC) Inquiry into the Douglas Inquiry urged for a better and clearer articulation of the reasons for removal of federally-appointed...
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Originalism as misnamed judicial legacy of the Scalia years – 1986-2016
Yesterday, in The Supreme Battle, Canadian constitutional scholar Adam Dodek described a side of the late Antonin Scalia, that few even in the legal community hardly ever saw: a U.S. Supreme Court...
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