W. David Rankin

‘Agreements must be kept’: Supreme Court applies the honour of the Crown to contracts with Indigenous Peoples

The Supreme Court found that the honour of the Crown can be engaged when governments enter into contracts with Indigenous Peoples.

Supreme Court clarifies standard of review for challenges to subordinate legislation

The Court held that the same flexible standard of review for administrative decisions applies to challenges to regulations.

SCC affirms limited government immunity for enacting Charter-violating legislation

Governments may be liable for damages where legislation was clearly unconstitutional when enacted or enacted in bad faith or as an abuse of power.

Supreme Court of Canada applies the Charter to Indigenous government

The Supreme Court of Canada recently settled important questions regarding the interplay between the collective rights of Indigenous peoples and...

Yatar: circumscribed right of appeal does not preclude judicial review

The Supreme Court of Canada’s recent decision in Yatar v. TD Insurance Meloche Monnex clarifies that a limited right of appeal does not...

No longer just tobacco and opioids: B.C. plans commencing more class actions to recover health care costs involving virtually any product

On March 14, 2024, the province of British Columbia proposed broad multi-government class action legislation to claim costs arising from...

Widening the lanes? Supreme Court of Canada weighs in on the territorial reach of Québec’s securities regulatory tribunal

On November 17, the Supreme Court of Canada directly addressed for the first time the question of whether provincial administrative tribunals have...

Sopinka and Gelowitz on the Conduct of an Appeal, 5th Edition

Appellate litigators and judges have turned to Sopinka and Gelowitz on the Conduct of an Appeal for guidance since its first publication...

First appeal of an arbitration award under section 59 of British Columbia’s new Arbitration Act

In Escape 101 Ventures Inc. v. March of Dimes Canada, 2022 BCCA 294, the British Columbia Court of Appeal (BCCA) held that a material misapprehension...