Articles 2021

Today
Today

Edmonton East: Revisiting the Presumption of Tribunal Expertise

  • January 31, 2017
  • Heather MacIvor

This is one of two companion pieces on the Supreme Court of Canada’s decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd. authored exclusively for the OBA. This article focuses on the Supreme Court's treatment of the presumption of expertise afforded to tribunals.

Administrative Law, Student Forum

Edmonton East: A Statutory Right of Appeal Does Not Create a New Category of Correctness

  • January 31, 2017
  • Jon Wypych and Adam D.H. Chisholm

This is one of two companion pieces on the Supreme Court of Canada's recent decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd. authored exclusively for the OBA's Administrative Law Section. This article concerns the role of statutory provisions permitting a right of appeal in determining the standard of review.

Administrative Law, Student Forum

FCA Backs CITT Decision Finding Abuse of Process by CBSA

  • January 30, 2017
  • John Bassindale

The Federal Court of Appeal confirms the CBSA committed an abuse of process in the administration of the Customs Act. John Bassindale reviews the decision in AG v. Bri-Chem Supply Ltd. et al. (2016 FCA 257).

Student Forum, Taxation Law
Fay McFarlane

Parents as a Wallet and Section 3(2)

  • November 21, 2016
  • Fay McFarlane

Separated parents usually seem to have no problem allowing their children to become saddled with a large student loan debt at the end of their education rather than helping them, often because they are in conflict with each another.

Family Law, Student Forum

My Journey as a Foreign-Qualified Lawyer

  • November 11, 2016
  • Sarah Nasrullah

I met my husband in a modern-day fairy tale setting: on a Facebook thread discussing Canadian immigration. While he wooed me, I was figuring out how to get licensed to practice law in Canada. And now, whenever a foreign-qualified lawyer tells me that they are ready to give up on the accreditation process, I take a deep breath and say, “Let me tell you about my journey as a foreign qualified lawyer…”

Women Lawyers Forum, Student Forum