INTRODUCTION In 2013, in the first issue of the Energy Regulation Quarterly, the editors were kind enough to publish my paper, “Regulators and the Courts: A Ten Year Perspective.”[1] This paper drew on presentations that I had made over the […]
I. GENERAL INTRODUCTION That Canada (Citizenship and Immigration) v Vavilov[1] would put to rest all significant standard of review selection and application problems was always hoping for too much. After much judicial, professional, and academic quarreling over a range of […]
I. INTRODUCTION In last year’s survey,[1] I discussed briefly the Alberta Court of Appeal’s granting of leave to appeal in AltaLink Management Ltd. v Alberta Utilities Commission,[2] a case which appeared to raise significant issues about the application of the […]
2018 was in many ways a landmark year in the Supreme Court of Canada’s Administrative Law jurisprudence. At a time marking the transition from the McLachlin to the Wagner Court, fissures continued to widen among the members of the Court with respect to not only the methodology for selection of the standard of review to be applied in judicial review of administrative decision-making but also the modalities by which predominant reasonableness review is conducted[…]
Overview 2016 (and the first month of 2017) have provided many important instances in both the courts and before energy regulators of the application and refinement of the principles of administrative law in the context of energy regulation. Given space […]
Introduction 2015 was a banner year for the judicial elaboration of principles of Administrative Law in Energy Law and Regulation settings. A number of these developments have been discussed already in the pages of the Energy Regulation Quarterly. Nigel Bankes […]