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Anonymization requests from people in glass houses, abuse of process and a contest
I highlight some new cases of note including one about an anonymization request and another about abuse of process. Plus a tip about a contest for…
Nov 1
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Ian R. Mackenzie
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Anonymization requests from people in glass houses, abuse of process and a contest
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October 2024
Building Inclusion in the Hearing Room
Resource list from my webinar with the Foundation of Administrative Justice and the Alberta ADR Institute. Plus case notes on procedural fairness and…
Oct 25
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Ian R. Mackenzie
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Building Inclusion in the Hearing Room
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Confidentiality and recording of hearings
CBA committee proposes expansion of confidentiality requirements related to children; a recent refusal of a request to record a labour arbitration…
Oct 18
•
Ian R. Mackenzie
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Confidentiality and recording of hearings
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The Tribunal record in a judicial review proceeding: less is more
Limits on what information is before the court on a judicial review application, plus links of interest
Oct 11
•
Ian R. Mackenzie
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The Tribunal record in a judicial review proceeding: less is more
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Autumn links
This newsletter is a links-only issue including Charter developments, judicial accountability and online justice and procedural fairness for the…
Oct 4
•
Ian R. Mackenzie
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Autumn links
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September 2024
The Digital Divide and Access to Justice
Tribunals embrace information technology as a way of enhancing access to justice but must not lose sight of the digital divide in Canada. Plus virtual…
Sep 27
•
Ian R. Mackenzie
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The Digital Divide and Access to Justice
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Mootness - when is it appropriate to hear matters no longer in dispute?
When the cause of a dispute is resolved, when will the courts still get involved - and why? Recent cases that proceeded give us some ideas
Sep 20
•
Ian R. Mackenzie
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Mootness - when is it appropriate to hear matters no longer in dispute?
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Incompetent representation and judicial review
Incompetent representation as a breach of procedural fairness is a rare argument but recent cases in immigration law provide a useful framework
Sep 13
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Ian R. Mackenzie
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Incompetent representation and judicial review
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End of Summer/New Beginnings Edition
And now back to regular programming: the requirements for a finding of contempt and the continuing failure of the CBA to include tribunals in their…
Sep 6
•
Ian R. Mackenzie
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End of Summer/New Beginnings Edition
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August 2024
When should overturned decisions be returned to the same decision-maker?
Managing time in hearings, more debate on virtual vs in-person hearings and a survey for subscribers
Aug 2
•
Ian R. Mackenzie
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When should overturned decisions be returned to the same decision-maker?
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July 2024
Deference to regulators: a study in contrasts
Courts and policy-making plus guidance on bias and regulators
Jul 26
•
Ian R. Mackenzie
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Deference to regulators: a study in contrasts
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Delay and mandamus; false promises of confidentiality
A four year delay in decision making leads to a successful mandamus application, and a warning about promising confidentiality in investigations
Jul 12
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Ian R. Mackenzie
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Delay and mandamus; false promises of confidentiality
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