E-10-(i)Book of Authorities
35 passages
3.5.2 Incentives [66] The Board, in its questioning of E1's witnesses, and NSPI and the Industrial Group in their submissions, expressed significant concerns over the manner in which incentives are determined by E1. It would appear from th...
AI summary The Board expressed concerns about E1's incentive structure, noting over 60% of the DSM budget is allocated to incentives. Expert testimony highlighted issues with incentive justification, with NSPI and the Industrial Group arguing that some incentives lack quantitative criteria and may be influenced by vested interests. Mr. Dunsky's testimony was preferred, but concerns about incentive reasonableness remained.
Corporation, NSPI's previous DSM service provider. In 2012, NSPI shared customer data with OPower, who created and sent Home Energy Reports to customers on Efficiency Nova Scotia Corporation's behalf. - [38] NSPI says this resulted in over...
AI summary NSPI shared customer data with OPower for ENSC's Home Energy Report (HER) program, leading to over 600 customer complaints and data removal requests. E1 reported high participation rates (96,554 households in 2013) with less than 1.5% opting out. NSPI claims data sharing occurs only with written consent. SBA and CA submitted comments on evidence scope and sufficiency.
ence is Bob, Sue or John's Tailors, the real issue is their electricity consumption, not their name. While names may be personal information, it has nothing to do with their electricity usage or load. The SBA notes that while NSPI asks for...
AI summary The SBA argues that releasing personal information like names, emails, and phone numbers without consent constitutes a privacy invasion, while acknowledging the need for non-personal data (e.g., peak demand) for E1's energy efficiency programs. NSPI emphasizes the necessity of such data for demand-side management services.
a) Evidence [111] E1 does not have access to customer data on approximately 70% of electricity ratepayers. For the remaining 30% of ratepayers, E1 maintains basic, static information. [112] The Customer Usage Data requested by E1 consists...
AI summary E1 (EfficiencyOne) requests access to customer data for program design and analysis, citing needs for eligibility determinations, geographic analysis, and targeted marketing. However, E1 lacks access to 70% of customer data, holding only basic information for the remaining 30%. The data includes usage patterns, billing details, and contact information.
ure the attainment of the plus equitable et la plus large qui soit pour garantir la ´ object of the Act according to its true intent, meaning realisation de leur objet selon leurs sens, intention et ´ The objects of the ESA and of the term...
AI summary The court considers whether sections 40 and 40 a of the Employment Standards Act (ESA) and Labour Standards Act (LNE) apply during bankruptcy, arguing their application would create absurd consequences by unfairly privileging employees dismissed post-bankruptcy over pre-bankruptcy dismissals, conflicting with the legislation's intent to protect employees.
Cases Cited Distinguished: Re Malone Lynch Securities Ltd., [1972] 3 O.R. 725; Re Kemp Products Ltd. (1978), 27 C.B.R. (N.S.) 1; Mills-Hughes v. Raynor (1988), 63 O.R. (2d) 343; referred to: U.F.C.W., Loc. 617P v. Royal Dressed Meats Inc....
AI summary The text discusses legal interpretations of employment standards, focusing on exemptions for employers in bankruptcy under the Employment Standards Amendment Act, 1981. It argues that such exemptions should not apply, emphasizing a liberal interpretation of the law to ensure fair treatment of employees. Key references include cases like Re Malone Lynch Securities Ltd. and R. v. Hydro-Québec.
Interpretation Act , R.S.O. 1990, c. I.11 Loi d'interpretation ´ , L.R.O. 1990, ch. I.11 10. Every Act shall be deemed to be remedial, 10 Les lois sont reput ´ ees apporter une solution de ´ whether its immediate purport is to direct the d...
AI summary The Interpretation Act (R.S.O. 1990, c. I.11) establishes that all statutes are remedial and must be interpreted broadly to achieve their intended public purposes. Section 10 emphasizes liberal construction to ensure legislative objectives are met, while Section 17 clarifies that repeals or amendments do not imply endorsements or condemnations of prior laws.
e termination of employment and concluded that a contingent obligation is thereby created for a bankrupt employer to make such payments from the outset of the relationship, long before the bankruptcy. Farley J. also considered s. 2(3) of t...
AI summary Farley J. ruled that termination and severance pay claims by Rizzo's former employees are unsecured debts in bankruptcy, rejecting the need for priority status. He interpreted the Employment Standards Amendment Act, 1981 (ESAA) and Employment Standards Act (ESA), concluding that the ESAA's transitional provision was unnecessary if ESA obligations applied to bankrupt employers.
began his analysis of the principal issue in this commence son analyse de la question principale du ´ appeal by focussing upon the language of the ter- present pourvoi en s ´ 'arretant sur le libell ˆ e des dis- ´ mination pay and severanc...
AI summary The Ontario Court of Appeal analyzed the Employment Standards Act (ESA) and Labour Standards Act (LNE), focusing on termination and severance pay provisions. The court concluded that obligations under these acts apply only when employers terminate employment, excluding cases like bankruptcy. Key sections cited include ESA s. 40(1), 40(2), 40(5), and 40 a (1) a .
5. Analysis 5. Analyse employee. . . ." Similarly, s. 40 a (1a) begins with par les mots suivants: «Aucun employeur ne doit rejected the trial judge's interpretation and found juge Austin a rejete l ´ 'interpretation du juge de pre- ´ that...
AI summary The analysis examines the interpretation of sections 40 a (1a) and 2(3) of the Employment Standards Amendment Act, 1981 (ESAA). Austin J.A. rejected the trial judge's view that these sections create liability, arguing instead that they merely specify when existing liabilities are paid. The court annulled the lower court's decision and reinstated the trustee's rejection of claims.
4. Issues 4. Les questions en litige This appeal raises one issue: does the termina- 17 Le present pourvoi soul eve une question: la ces- ´ tion of employment caused by the bankruptcy of sation d'emploi resultant de la faillite de l ´ 'ema...
AI summary The appeal centers on whether termination and severance pay from an employer's bankruptcy are claimable in bankruptcy proceedings under the Employment Standards Act (ESA) and Labour Standards Act (LNE). The Court of Appeal noted that statutory provisions (s. 40 and 40 a of the ESA/LNE) suggest these payments are payable only when the employer terminates employment, as occurred during bankruptcy.
ique que le legislateur ´ intended that termination and severance pay obli- voulait que l'obligation de verser une indemnite de ´ gations should arise upon an employers' bank- licenciement et une indemnite de cessation d ´ 'emruptcy. ploi...
AI summary The text discusses the legislature's intent regarding severance payments for employees when an employer goes bankrupt, citing a court decision in Royal Dressed Meats Inc. and aligning with the Minister of Labour's statements. It argues that severance obligations should apply during bankruptcy, supported by transitional provisions in the Employment Standards Amendment Act, 1981 (ESAA).
6. Disposition and Costs 6. Dispositif et depens ´ I would allow the appeal and set aside paragraph 43 Je suis d'avis d'accueillir le pourvoi et d'annuler Mitchell, Toronto. Mitchell, Toronto. Grafstein & Greenstein, Toronto. Grafstein & G...
AI summary The court allows an appeal, setting aside provisions of the Labour Standards Act related to termination pay during employer bankruptcy. It rules that employees are entitled to termination and severance pay as unsecured creditors, noting the Ministry of Labour provided no evidence of efforts to notify employees before discontinuing the appeal. Costs are awarded to appellants on a party-and-party basis.
n the corridor area, he would not be compensated because of that knowledge. Mr. Smith said that was the moment when he concluded he could not do anything on that land. He "knew we were in trouble". … - [36] As a result of the conversation...
AI summary Mr. Smith abandoned plans for a Lower South River store after a 1998 meeting with Mr. Bushell, citing insurmountable challenges. The Board accepted his testimony about this conversation. The 'blue route' was approved in 2000 but officially announced in 2005 following an environmental assessment.
- 14. Reasonableness is the applicable standard for all grounds of appeal. … - Central's cross-appellant's factum: - 17. Central respectfully submits the issues in the cross appeal are questions of law. The standard of review with respect...
AI summary The document discusses the standard of review for appeals to the Nova Scotia Utility & Review Board (UARB), with Central and the Province agreeing on 'reasonableness' as the standard. The Province initially argued for 'correctness' in reviewing UARB's interpretation of the Expropriation Act, but the court rejected this, citing Supreme Court precedents affirming reasonableness for administrative tribunals' statutory interpretations.
construct in 2001, which is what the Board assessed loss for. … - 33. "Occupation" means "actual occupation" at the date of expropriation when read in context with other sections of the Act …. … - 39. The pre-expropriation damages sought i...
AI summary The document discusses the interpretation of 'occupation' in the Expropriation Act, emphasizing that the Board erred by not considering actual occupation by Central on expropriated lands. The Province argued for implied qualifications not explicitly stated in the Act, while the Board's definition is deemed appealable under reasonableness standards.
Court had meant to bar such a claim as a matter of law, one would see in the Court's reasons some reference to a supporting provision in the Act and an explanation of why Dell is distinguishable. - [122] The Province's position would mean...
AI summary The text argues that the Province's position allows expropriating authorities to avoid compensation by leaving small parcels unexpropriated. It distinguishes full vs. partial takings, citing Johnson and Dell cases, and affirms the Board's conclusion under Nova Scotia's Expropriation Act that disturbance compensation is available for partial takings when justified.
[163] The Board accepted Mr. Doucet's approach: - [610] Mr. Doucet had assigned a lower value to the southern remnant lands when calculating the value of the entire Central parcel with his use of the "4-3-2-1 Rule". While the Province subm...
AI summary The Board accepted Mr. Doucet's land valuation approach using the '4-3-2-1 Rule,' despite the Province's objection. The Board relied on expert appraisal methods and market data analysis, concluding that rear lands have lower value due to distance from roads. PwC's disturbance loss calculations and expert reports from both parties were considered in the proceeding.
ence. To the extent the factual issues are appealable, the Board's findings were well-supported by the testimony of Mr. Bradley and Ms. Rodenhiser. The Board's reasoning path is clear. Its conclusions are reasonable. I would dismiss the Pr...
AI summary The Province's appeal against the Board's quantification of Central's disturbance loss after 2005 is dismissed. The Board accepted PwC's expert testimony that the loss diminished over time as Central's Market Street operation stabilized, rejecting the Province's expert's claim that the loss period ended in 2005. The Board's reasoning was deemed reasonable and well-supported by evidence.
Mr. MacINTOSH: Thank you. So when you're writing this email to Mr. Smith and you're talking about, "We believe it's a benefit for both parties to advance expropriation" and so on, that was a successful delay tactic on the part of the depar...
AI summary The Board ruled that interest under the Expropriation Act should commence when the owner ceased productive use of land due to expropriation steps, not the expropriation date. The Province appeals, citing Partition Holdings Ltd. v. Ontario, but the Board's interpretation aligns with Cory J.A.'s reasoning on fairness and statutory wording.
. The amounts of future costs were estimated by Central's experts, Mr. Bradley and Ms. Rodenhiser of PwC. (Board Decision, paras. 816-17) - [214] The Board summarized PwC's development of the numbers:
AI summary Central's experts, Mr. Bradley and Ms. Rodenhiser of PwC, estimated future costs, which the Board summarized in its decision (paras. 816-17).
e omitted) [284] Other leading texts echo the principle. Côté on The Interpretation of Legislation in Canada , 2nd ed (Cowansville, QC: Yvon Blais, 1991), describes the rule as follows (pp. 224-25): As a general rule, the interpreter of a...
AI summary The text discusses the principle of interpreting legislation based on its context at enactment, referencing the Interpretation Act (R.S.N.S. 1989, c. 235) and the 1992 UARB Act . It emphasizes aligning with the legislature's intent to amalgamate tribunals under the UARB to simplify Nova Scotia's regulatory framework.
- [305] With respect, the Board's decision does not fall within a range of possible acceptable outcomes that are permitted by the legislation. - [306] The Board awarded Central $8.1 million plus interest on some parts of that award. The di...
AI summary The Board's decision on disturbance damages is challenged, arguing it misapplies the Expropriation Act by awarding Central $6.7 million based on claimed loss of opportunity rather than actual losses. The case references the Ontario Expropriation Act and the Toronto Area Transit Operating Authority v. Dell Holdings Ltd. case, where disturbance damages for pre-expropriation delays were not compensable.
- (c) relocation costs, including, - (i) the moving costs, and - (ii) the legal and survey costs and other non-recoverable expenditures incurred in acquiring other premises. - 19. (1) Where a business is located on the land expropriated, t...
AI summary The text discusses compensation for expropriated land, including relocation costs and business losses, referencing the Ontario Act and Nova Scotia's Expropriation Act. It highlights the Supreme Court's endorsement of compensation criteria to prevent double recovery and ensure comprehensive claims, noting differences between provincial legislation.
- [324] As I will detail later, the bolded reference to Steve Chaisson is a typographical error—it should read Mr. Bushell. - [325] The Province consistently disputed that Central had actual plans to build a new store and distribution cent...
AI summary The Province disputes Central's expansion plans at Lower South River, but the Board found these plans were not speculative. The Board concluded Central intended to open a store and distribution centre there, which would have proceeded absent expropriation. The argument challenges the compensation basis, claiming it conflates cause/effect with legal causation and lacks evidentiary support.
INTEREST [386] With respect, I am unable to agree with my colleague's proposed disposition of this ground of appeal. There is no legal justification to award 10% interest on the compensation awards of fair market value and injurious affect...
AI summary The text disputes awarding 10% interest on compensation awards for expropriation, arguing it constitutes double compensation and lacks legal justification. It references the Board's discretion under s. 53(4) to adjust interest rates but criticizes the Board's interpretation of the Act and its selection of May 1, 2001, as the interest start date. The Supreme Court's guidance in McLean v. British Columbia is cited as relevant legal precedent.
Offer to other owners 15 (1) Where the owner is a person other than those described in Sections 13 and 14 and no agreement as to compensation has been made, the expropriating authority shall, within one hundred and eighty days after the de...
AI summary The Expropriation Act (Nova Scotia) mandates that expropriating authorities issue written compensation offers within 180 days of depositing expropriation documents. Appraisals must accompany offers, and failure to comply triggers interest calculations from the deposit date, not the owner's cessation of land use. Legal interpretations reconcile subsections 1 and 53(1) by emphasizing compensation for capital asset loss starting at deposit.
- (2) Subject to subsection (4) of Section 13, the date for possession shall be at least three months after the date of the serving of the offer required by Section 13 - [406] The interplay between these provisions is explained by the Supr...
AI summary The text discusses the legal interpretation of land possession timelines post-expropriation offers, citing the Supreme Court of Canada's Judson decision and contrasting Nova Scotia's expropriation laws with Ontario's. It emphasizes mandatory interest from the expropriation document's deposit date and highlights differences in legislative schemes between provinces.
Interpretation of words and names - 7 (1) In this Act and in any other enactment, - (a) "Assembly" means the Legislative Assembly of the Province; - (b) "bank" or "chartered bank" means a bank to which the Bank Act (Canada) applies, a cred...
AI summary The text defines key terms within the Act, including 'Assembly' as the Legislative Assembly of the Province, 'bank' encompassing various financial institutions under specific acts, and 'declaration' referencing formal declarations under evidence legislation.
Interpretation of words and generally - 9 (1) The law shall be considered as always speaking and, whenever any matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise, so that effect may be...
AI summary The text outlines principles for interpreting legal enactments in Nova Scotia, emphasizing the imperative nature of 'shall,' permissive nature of 'may,' and remedial interpretation of laws. It mandates considering the spirit, intent, and context of legislation, including historical and circumstantial factors, to achieve legislative objectives.
Effect of repeal, re-enactment, revision, consolidation or amendment - 25 (1) Repeal of an enactment is not a declaration that the enactment was, or was considered by the Legislature or other body or person by whom the enactment was passed...
AI summary The text clarifies that repealing an enactment does not imply prior force, and re-enactment/revision does not adopt prior judicial interpretations. This addresses legal interpretation and legislative intent regarding statutory changes.
Judicature Act 32 Unless a contrary intention appears, the interpretation Section of the Judicature Act , so far as the terms defined can be applied, extends to all matters relating to legal matters. R.S., c. 235, s. 32.
AI summary Section 32 of the Judicature Act states that its interpretation provisions apply broadly to all legal matters unless a contrary intention is specified, referencing R.S., c. 235, s. 32.
Reference to Canadian Navy, Army or Air Force 37 Where in any enactment or in any will, deed, lease, contract or other document there is a reference to the Canadian Armed Forces, to Her Majesty's Canadian or Royal Canadian Navy, Army or Ai...
AI summary Section 37 of the Revised Statutes of Nova Scotia clarifies that references to Canadian military forces in legal documents should be interpreted as including the Canadian Forces. This provision ensures consistency in legal terminology related to military entities.
Interpretation - 2 In this Act, - (a) "Board" means the Nova Scotia Utility and Review Board; - (b) repealed 1992, c. 11, s. 43. - (c) "extension" includes any reasonable extension of the service and facilities of every public utility; - (...
AI summary The document defines key terms in the Utility and Review Board Act, including 'Board,' 'public utility,' and 'service,' with specific exclusions and inclusions. Several sections are repealed, referencing legislative amendments from 1992 and 1997. Definitions cover utilities, telecommunication, and geothermal energy services.
Application of Section 36 37 Section 36 does not change the law applicable to the Board with respect to new construction, improvements or betterments in, extensions or additions to, or conversions of the generation and transmission plant o...
AI summary Section 36 does not alter the Board's jurisdiction over Nova Scotia Power Incorporated's projects related to generation, transmission, or export facilities. Legal references include R.S., c. 380, s. 37 and 1992, c. 8, s. 35.
E-13-(i)Book of Authorities
40 passages
lementer adéquatement un service de gaz dans l'intérêt public ou, plus précisément, de réglementer un monopole dans l'intérêt public, grâce principalement à l'établissement des tarifs. J'y reviendrai. La disposition qui nous intéresse au p...
AI summary The text discusses the regulation of gas utilities under the Gas Utilities Act (GUA), emphasizing the need to protect consumers by requiring authorization for asset sales. It references legal frameworks like the Alberta Energy and Utilities Board Act (AEUBA) and the Public Utilities Board Act (PUBA), arguing that the Commission's role is to ensure fair pricing, not abstract legal interpretation. Key cases cited include MacAvoy and Sidak, Pushpanathan, and Atco Ltd.
2.3.2 Explicit Powers: Grammatical and Ordinary Meaning As a preliminary submission, the City argues that given that ATCO applied to the Board for approval of both the sale transaction and the disposition of the proceeds of sale, this sugg...
AI summary The City argues that ATCO's application for sale approval implies Board jurisdiction over proceeds allocation, but this is rejected as the application alone does not confirm jurisdiction. Past cases show utility companies challenged the Board's authority to allocate sale proceeds, with references to multiple Board decisions (e.g., Re TransAlta Utilities Corp. , Re ATCO Gas-North ). The analysis focuses on statutory interpretation of GUA and AEUBA provisions.
2.3.2 Pouvoir explicite : sens grammatical et ordinaire La Ville soutient à titre préliminaire qu'en lui demandant d'autoriser la vente des biens et l'attribution du produit de l'opération, ATCO a reconnu le pouvoir de la Commission d'impo...
AI summary The City argues that ATCO's request for authorization implies the Commission's power to impose conditions on the sale of assets. However, the analysis rejects this, noting that past Commission decisions demonstrate its authority to regulate asset sales regardless of ATCO's claims. Key cases include Re TransAlta Utilities Corp. and Re ATCO Gas-North , which affirm the Commission's historical exercise of this power.
2.3.3 Pouvoir implicite : contexte global Les dispositions en cause figurent dans des lois qui font elles-mêmes partie d'un cadre législatif plus large dont on ne peut faire abstraction : Œuvre d'un législateur rationnel et logique, la loi...
AI summary The text discusses the interpretation of legislative frameworks governing regulatory boards, emphasizing the need to align with the legislature's intent and maintain coherence. It references legal principles from cases like Bell ExpressVu and Bristol-Myers Squibb Co. , highlighting that statutory discretion (e.g., under AEUBA and PUBA) is not unlimited but must adhere to statutory regimes. ATCO argues that regulatory decisions must respect legislative context and principles.
3. Conclusion Le rôle de notre Cour dans le présent pourvoi a été d'interpréter les lois habilitantes en tenant compte comme il se doit du contexte, de l'intention du législateur et de l'objectif législatif. Aller plus loin et conclure à l...
AI summary The court interprets enabling legislation, finding the Commission lacked power to assign sale proceeds from public utility assets. The decision annuls the Commission's ruling, directing it to permit ATCO's sale and allocate profits. Justice Binnie dissents, arguing the Board's authority under AEUBA to impose public interest conditions was properly exercised.
Enactments remedial 10 An enactment shall be construed as being remedial, and shall be given the fair, large and liberal construction and interpretation that best ensures the attainment of its objects. Appeal dismissed with costs and cross...
AI summary The text establishes that remedial enactments must be liberally interpreted to achieve their objectives. It details a court ruling dismissing an appeal and allowing a cross-appeal, with dissenting opinions. Solicitors for parties involved include McLennan Ross, Bennett Jones, and J. Richard McKee representing the Alberta Energy and Utilities Board.
Principe et interprétation 10 Tout texte est réputé apporter une solution de droit et s'interprète de la manière la plus équitable et la plus large qui soit compatible avec la réalisation de son objet. Pourvoi rejeté avec dépens et pourvoi...
AI summary The text outlines a legal principle of interpreting texts in the most equitable and broad manner compatible with their purpose. It references a rejected appeal with costs, an accepted incident appeal with costs, and dissenting judges McLachlin, Binnie, and Fish. Multiple interveners, including Alberta Energy and Utilities Board and Ontario Energy Board, are listed with their legal representatives.
acilities. By order dated May 4, 1983, the Board exempted, subject to certain conditions, the facilities applied for from certain provisions of the National Energy Board Act, R.S.C. 1970, c. N-6.
AI summary The Board issued an order on May 4, 1983, exempting specific facilities from certain provisions of the National Energy Board Act, R.S.C. 1970, c. N-6, subject to conditions.
(Emphasis added.) - [8] It is the submission of counsel for F.R.A.P. that costs are "other matters" which are "necessary or proper" for the "due exercise" of the Board's jurisdiction. Applying the ejusdem generis rule, he submits that the...
AI summary Counsel for F.R.A.P. argues costs fall under 'other matters' in s.10(3) via ejusdem generis , aligning with the Board's powers to subpoena and inspect. I.P.L. counters that preceding provisions relate to obtaining information, not costs, which are distinct. The debate centers on statutory interpretation of the Board's jurisdictional scope.
3. SECTIONS 29.6 AND 75.21 [15] Counsel for F.R.A.P. submits that ss. 29.6 and 75.21 are consistent with a full discretion over costs because they limit that discretion. It is his submission that Parliament intended that costs in the situa...
AI summary Counsel for F.R.A.P. argues that sections 29.6 and 75.21 of the National Energy Board Act limit the Board's discretion over costs but are consistent with its existence. These sections require specific cost awards in pipeline-related proceedings and landowner compensation cases, rather than granting unfettered discretion.
othing con be done by the company with respect to the location, erection or substitution of one station for another without the authority of the Board, the Board may order what it alone can authorize. In addition, sub-section 3, of section...
AI summary The text discusses the Board's jurisdiction over railway stations, particularly subsidized railways, and the Chief Justice's interpretation of legal provisions. It argues that the Board's power to order station erection and expropriation is supported by section 178, with a comparison to English and American Boards.
itimately ascertained from that which it has chosen to enact, either in express words or by reasonable and necessary implication. The appeal should in my opinion be allowed. There should be no costs. Since the above was written a new point...
AI summary The text discusses an appeal decision allowing the appeal without costs, referencing sections of an Act that grant the Board authority to require companies to act. It mentions a new argument based on sections 28 and 26, and cites a legal case [1897] A.C. 22. Entities like GRAND TRUNK RY. and the Department of Agriculture of Ontario are referenced.
had a genuine opportunity to weigh in on the issue in question, costs to the parties, and efficient use of public resources may also influence the exercise of a court's discretion to remit the matter. In the case at bar, there is no basis...
AI summary The court found the Registrar's interpretation of s. 3(2)(a) unreasonable for failing to address submissions, consider international treaties, and jurisprudence. The standard of review was reasonableness, as the matter arose from judicial review, not a statutory appeal.
stions. As indicated above (at para. 31) of the reasons, the consideration of expertise is folded into the new starting point adopted in these reasons, namely the presumption of reasonableness review. [59] As the majority of the Court reco...
AI summary The text discusses the legal principle that general questions of law requiring uniform answers necessitate correctness review rather than reasonableness, citing Supreme Court of Canada cases like Dunsmuir and University of Calgary . These questions impact the justice system broadly, requiring consistent resolution to ensure legal integrity across institutions.
D. A Note Regarding Jurisdictional Questions [65] We would cease to recognize jurisdictional questions as a distinct category attracting correctness review. The majority in Dunsmuir held that it was "without question" (para. 50) that the c...
AI summary The text discusses the evolution of legal standards for reviewing jurisdictional questions, referencing Dunsmuir and subsequent cases like Guérin and Alberta Teachers , which expressed reservations about maintaining jurisdictional questions as a distinct category requiring correctness review. The focus is on the shifting judicial approach to statutory authority and legal review standards.
(2) A Reasonable Decision Is Justified in Light of the Legal and Factual Constraints That Bear on the Decision [105] In addition to the need for internally coherent reasoning, a decision, to be reasonable, must be justified in relation to...
AI summary The text emphasizes that administrative decisions must be reasonable, considering legal and factual constraints. It references cases like Dunsmuir, Catalyst, and Nor-Man Regional Health Authority, highlighting elements such as statutory schemes, evidence, past practices, and the impact on individuals as factors influencing reasonableness.
(a) Governing Statutory Scheme [108] Because administrative decision makers receive their powers by statute, the governing statutory scheme is likely to be the most salient aspect of the legal context relevant to a particular decision. Tha...
AI summary Administrative decision-makers must adhere to statutory schemes, as they cannot override laws enacted by legislatures. Discretion is bounded by statutory purposes and constraints, with judicial precedents emphasizing compliance. Key cases include Catalyst , Green , and Roncarelli v. Duplessis , underscoring that discretion is not absolute and must align with legislative intent.
(d) Evidence Before the Decision Maker [125] It is trite law that the decision maker may assess and evaluate the evidence before it and that, absent exceptional circumstances, a reviewing court will not interfere with its factual findings....
AI summary The decision maker's assessment of evidence is generally not subject to re-evaluation by reviewing courts, except in exceptional cases. Decisions must be reasonable based on the evidence, and misapprehending evidence can render a decision unreasonable. Cases like CHRC, Khosa, Dr. Q, Housen, Dunsmuir, and Baker are cited to support these principles.
e reasonable if that departure is justified, thereby reducing the risk of arbitrariness, which would undermine public confidence in administrative decision makers and in the justice system as a whole. [132] As discussed above, it has been...
AI summary The text discusses the importance of justifying departures from past administrative decisions to avoid arbitrariness and maintain public confidence. It emphasizes reviewing courts' role in addressing persistent legal discord within administrative bodies, encouraging internal resolution of disagreements, and highlighting the challenges of sustaining decisions that perpetuate such discord.
V. Mr. Vavilov's Application for Judicial Review [146] The case at bar involves an application for judicial review of a decision made by the Canadian Registrar of Citizenship on August 15, 2014. The Registrar's decision concerned Mr. Vavil...
AI summary Mr. Vavilov's judicial review challenges the Canadian Registrar of Citizenship's decision to revoke his citizenship under s. 3(2)(a) of the Citizenship Act and s. 26(3) of the Citizenship Regulations. The court found the Registrar's decision unreasonable, upheld the Federal Court of Appeal's quashing of the decision, and declined to remit the matter for redetermination.
r of posts within a foreign mission or consulate. However, the analyst observed that no statutory definition exists for the phrase "other representative or employee in Canada of a foreign government." - [157] The analyst compared the wordi...
AI summary The analyst interprets s. 3(2)(a) of the Citizenship Act to include non-diplomatic foreign government employees, applying to Mr. Vavilov's case. The provision was compared to a predecessor in the Canadian Citizenship Act, R.S.C. 1970, c. C-19, which excluded children of foreign government employees not linked to diplomatic missions. The analyst concluded that Ms. Vavilova and Mr. Bezrukov, though lacking diplomatic immunity, were 'unofficial employees' of Russia, triggering the exception.
ot apply to him. The cancellation of his citizenship certificate on the basis of s. 3(2)(a) therefore could not stand, and Mr. Vavilov was entitled to Canadian citizenship under the Citizenship Act . [168] The dissenting judge disagreed, f...
AI summary The majority held that canceling Mr. Vavilov's citizenship under s. 3(2)(a) of the Citizenship Act was invalid, while the dissenting judge found the Registrar's interpretation reasonable, allowing for two interpretations of the provision. The dissenting view supported upholding the Registrar's decision regarding Mr. Vavilov's parents' eligibility.
(a) Section 3(2) of the Citizenship Act [174] The analyst justified her conclusion that Mr. Vavilov is not a citizen of Canada by reasoning that his parents were "other representative[s] or employee[s] in Canada of a foreign government" wi...
AI summary The analyst concluded Mr. Vavilov's parents qualified as 'other representatives or employees' under s. 3(2)(a) of the Citizenship Act, exempting their child from Canadian citizenship. However, the court emphasized that s. 3(2)(c)'s requirement for diplomatic privileges creates tension, which the analyst overlooked. The statutory context suggests all s. 3(2)(a) individuals must have diplomatic immunities, challenging the analyst's interpretation.
they cast considerable doubt on her conclusions, indicating that s. 3(2) was not intended to affect the status of individuals whose parents have not been granted diplomatic privileges and immunities. [181] In attempting to distinguish the...
AI summary The text critiques an analyst's interpretation of s. 3(2) of the Foreign Missions and International Organizations Act (FMIOA), arguing it overlooks individuals with privileges outside diplomatic roles. The Federal Court of Appeal emphasized aligning domestic law with international obligations, noting the analyst's failure to address Mr. Vavilov's submissions on Parliament's intent and relevant international law.
es, which are by their very nature inconsistent with the obligations of citizenship, that a person who enjoys diplomatic status cannot acquire citizenship": para. 63. In its analysis under s. 1 of the Charter , the court found that the cho...
AI summary The analysis examines legal interpretations of Section 3(2) of the Citizenship Act, emphasizing that diplomatic immunity excludes children of foreign diplomats from citizenship. Courts in Al-Ghamdi , Lee , and Hitti affirmed this, linking the provision to government objectives of ensuring citizen obligations. The analyst failed to address these key rulings, focusing instead on irrelevant factors like parental duties.
(d) Possible Consequences of the Registrar's Interpretation [189] When asked why the children of individuals referred to in s. 3(2)(a) would be excluded from acquiring citizenship by birth, another analyst involved in Mr. Vavilov's file (w...
AI summary The text discusses the Registrar's interpretation of section 3(2)(a) of a citizenship Act, excluding children of certain individuals from acquiring Canadian citizenship by birth. Officials acknowledged the novel interpretation lacked jurisprudence and failed to address potential consequences. The U.S. Supreme Court's description of citizenship as 'the right to have rights' is referenced.
D. Conclusion [194] Multiple legal and factual constraints may bear on a given administrative decision, and these constraints may interact with one another. In some cases, a failure to justify the decision against any one relevant constrai...
AI summary The court upholds the Federal Court of Appeal's decision to quash the Registrar's interpretation of s. 3(2)(a) of the Citizenship Act, finding her failure to justify the decision against legal constraints unreasonable. The conclusion is that Parliament did not intend the provision to apply to children of non-diplomatic individuals.
ations for the extent to which reviewing courts may substitute their views for those of administrative decisionmakers. At its core, it is a debate over two distinct philosophies of administrative law. [206] The story of modern Canadian adm...
AI summary The text discusses the evolution of Canadian administrative law, focusing on the shift from a court-centric philosophy (Dicey's rule of law) to greater deference to administrative bodies. It highlights the influence of Albert Venn Dicey and the landmark case Anisminic Ltd. v. Foreign Compensation Commission , which entrenched nondeferential judicial review through 'jurisdictional error' checks.
lended membership of some tribunals fosters special institutional competence in resolving "polycentric" disputes ( Pushpanathan , at para. 36; Dr. Q at paras. 29-30; Pezim , at pp. 591-92 and 596). [233] All this equips administrative deci...
AI summary The text emphasizes the value of specialized administrative decision-makers in resolving complex disputes, citing their institutional competence and understanding of legislative purposes. It references legal cases and scholars, arguing that deference to these actors is justified due to their expertise and daily engagement with statutory contexts and terminology.
icial agents working for Russia's Foreign Intelligence Service, Mr. Vavilov's parents were "other representative[s] or employee[s] in Canada of a foreign government" within the meaning of s. 3(2)(a). - [322] The Federal Court ([2016] 2 F.C...
AI summary Mr. Vavilov's citizenship was challenged under s. 3(2)(a) of the Citizenship Act, which excludes individuals born to foreign government representatives. The Federal Court upheld the Registrar's decision, but the Federal Court of Appeal quashed it, finding the Registrar's interpretation of the provision unreasonable. The case centers on the scope of 'foreign government representatives' and the standard of review for administrative decisions.
Not applicable to children of foreign diplomats, etc. - (2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of...
AI summary Section 3(2) of the Act excludes children of foreign diplomats from Canadian citizenship. The Registrar's decision denying Mr. Vavilov citizenship relied on an analyst's report, which argued his parents qualified under s. 3(2)(a) as foreign government representatives. The analysis compares current and historical statutory language to determine if the exception applies.
lly speaking, "[t]he Broadcasting Act is primarily concerned with the programmed content delivered by means of radio waves or other means of telecommunication to the public" (Handa et al., at §5.5). [36] The Copyright Act is concerned both...
AI summary The text discusses the Copyright Act's balance between protecting creativity and enabling public access, citing cases like Théberge v. Galerie d'Art and Mattel Inc. v. 3894207 Canada Inc. . It also links the Broadcasting Act and Copyright Act, referencing the Bell ExpressVu case and the interconnected legal framework of broadcasting, copyright, and telecommunications laws.
t thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right tout autre rapport, la conduite et la direction de leurs affaires; - j ) régir la vérification et l'examen...
AI summary The text outlines definitions and rights under the Canadian Copyright Act, including exclusive rights of authors to reproduce, perform, and communicate works publicly, with specific provisions for literary, dramatic, musical, and artistic works. It also defines terms like 'signal de communication' and excludes retransmission entities from the broadcaster definition.
- (a) shall be recorded in a form and manner acceptable to the City Manager; and - (b) shall be made available to a Peace Officer forthwith upon request. - [16] The evidence before the Commissioner established not only that Edmonton City C...
AI summary The document discusses Edmonton's bylaws requiring pawnshops to record information electronically, with evidence showing the bylaw's approval and implementation. It highlights the shift from manual to electronic systems, the role of BWI's database, and the administrative challenges of the previous manual process, including delays in police access to data.
ad the opportunity of considering jurisdiction at the hearing when, during the hearing, the Commissioner did bring to the litigants' attention the decision in the Ontario Court of Appeal in Cash Converters but failed to bring to their atte...
AI summary The Commissioner did not inform parties of a relevant court decision during a hearing, though jurisdiction was raised. The Commissioner argues that late jurisdictional challenges hinder evidentiary foundations, but the court notes this is not a case requiring tribunal re-evaluation. The proceeding involved a test case challenging the Edmonton Bylaw, inspired by the Cash Converters decision.
[66] He then concluded: While I agree that the bylaw enables the City Manager to require information to be recorded electronically, I do not agree that this authority includes requiring information to be uploaded to a database established...
AI summary The judge concludes that the bylaw's authority allows electronic recording but not uploading to a private database. The requirement for pawnshops and second-hand stores to provide information to the police service is broader than the bylaw's provisions, and uploading to a private database is not equivalent to recording personal information.
rect analysis of the relationship between the City of Edmonton and EPS has caused the Commissioner to make an error in determining which privacy statutes apply. Here, pawnshops are clearly not public bodies: their only connection to the mu...
AI summary The Commissioner erred in applying FOIP to pawnshops, which are not public bodies but collect personal information under Alberta legislation. PIPA governs this collection via s. 14(b), allowing data gathering without consent if mandated by statute. The City of Edmonton's business licence bylaw links pawnshops to the municipality, not FOIP.
[para 18] The City notes: A review of the licensing bylaws since 1913 indicates that personal information collected and turned over to police by pawnshops has been required in all licensing bylaws. The City also provided copies of historic...
AI summary The City asserts historic licensing bylaws since 1913 require pawnshops to collect personal information, supported by affidavits and bylaws. The Complainant challenges Bylaw 13138, arguing it lacks authority to mandate electronic transmission of data to BWI, citing daily transmission, use of a for-profit entity, and mandatory sharing regardless of police requests.
Section 33 [para 36] The City did not provide submissions on this issue, as it takes the position that it does not have custody or control over the database, and consequently, does not have control over personal information collected in th...
AI summary The City claims no control over a database and thus didn't collect the Complainant's information. The Complainant argues the City lacks authority under FOIP Act sections 33 and 34 as the bylaw doesn't authorize data collection. EPS asserts the bylaw is an enactment under FOIP Regulation and that the information isn't sensitive, with minimal consequences from breaches.
- (m) the information is collected for the purpose of enforcing a maintenance order under the Maintenance Enforcement Act, - (n) the information is collected for the purpose of managing or administering personnel of the Government of Alber...
AI summary The City of Calgary collected personal information indirectly via a directive, violating sections 33 and 34 of the FOIP Act. The directive, not authorized by the bylaw, required pawnshops and second-hand stores to upload data to BWI, an unauthorized collection method under the Act.