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- 1Administrative law
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- 1Doctrine of judicial deference
Introduction: The doctrine of judicial deference has been a touchstone in Canadian administrative law for thirty-five years. Put simply, the doctrine recognizes that administrative officials have legitimate authority to interpret the law, which means that judicial review is warranted only if an...
The author addresses two perennial problems in Canadian administrative law: the choice of a standard of review and the inconsistent application of the reasonableness standard. With these problems in mind, the Supreme Court of Canada in Dunsmuir set out to establish a 'principled framework that is...
This article investigates the distinct character of Randian constitutionalism and how it may have been inspired by American discourse on constitutional values. More specifically, the author examines how Justice Rand's brand of constitutionalism is distinguishable from the more dominant strain of...
Subjective tests and implied warranties: Prescriptions for Hollis v. Dow Corning and ter Neutzen v. KornDownload
Introduction: Medical products have a therapeutic potential that can substantially improve the quality of life. Nevertheless, technological progress in the field of medicine is consistently met with guarded optimism. The benefits to be gained are often accompanied by unexpected risks. If injury...