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Searching Content indexed under Government, Public Sector by Marco P. Falco ordered by Published Date Descending.
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Call Off The Funeral Ontario Divisional Court Revives "True Questions Of Jurisdiction" In Judicial Review
Over the last decade, Canadian Courts have struggled with the issue of when to apply the less deferential standard of review of "correctness" in the review of administrative tribunal decisions.
Canada
2 Jan 2019
2
What Role Does "Fairness" Play In Statutory Interpretation?
For decades, the modern approach to statutory interpretation has required judges to discern legislative intent by examining the words of an Act in their "entire context" and in their "grammatical and ordinary sense". But is there a role for concepts like trial fairness when Courts engage in statutory interpretation?
Canada
16 Nov 2018
3
On Second Thought: Overturning Damages Awards on Appeal
In Canada, appeal Courts are usually reluctant to overturn damages awarded by a trial judge. The rule is that an appeal Court should not interfere with the damages award, even if it would have arrived at a different result.
Canada
19 Jul 2016
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