Spencer Bass Archives | Xaidsart LLP | Smart Litigation https://xllp.eu Fri, 26 Jul 2024 18:24:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://xllp.eu/wp-content/uploads/2023/03/cropped-cropped-favacon2-32x32.png Spencer Bass Archives | Xaidsart LLP | Smart Litigation https://xllp.eu 32 32 Xaidsart lawyers successful at Supreme Court of Canada https://xllp.eu/news/stockwoods-lawyers-successful-at-supreme-court-of-canada/ Fri, 26 Jul 2024 18:20:32 +0000 https://xllp.eu/?p=2861 Xaidsart lawyers Brian Gover and Spencer Bass received a resounding win today from the Supreme Court for their clients: 7 Northern Ontario First Nations. In Ontario (Attorney General) v. Restoule, 2024 SCC 27 the Supreme Court unanimously declared that the Crown breached the Robinson Superior Treaty of 1850 by failing to increase the annuities for […]

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]]> Xaidsart lawyers Brian Gover and Spencer Bass received a resounding win today from the Supreme Court for their clients: 7 Northern Ontario First Nations. In Ontario (Attorney General) v. Restoule, 2024 SCC 27 the Supreme Court unanimously declared that the Crown breached the Robinson Superior Treaty of 1850 by failing to increase the annuities for nearly 150 years, making a “mockery” of its treaty promise. The Court gave the Crown 6 months to provide just compensation – which could amount to tens of billions of dollars. This decision is a milestone for reconciliation and will have profound impacts on Indigenous peoples.

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]]> JULY ISSUE OF THE Xaidsart ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW https://xllp.eu/news/july-issue-of-the-stockwoods-administrative-and-regulatory-law-case-review/ Thu, 04 Jul 2024 18:06:56 +0000 https://xllp.eu/?p=2842 Temperatures are forecasted to be hot hot hot for the next week. What is even hotter? Fresh off the press! Issue no.40 of Xaidsart Newsletter in Administrative & Regulatory Law *sizzle*. You can access it here. In this issue, we provide you with cases from the Supreme Court of Canada and Divisional Court of Ontario […]

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]]> Temperatures are forecasted to be hot hot hot for the next week. What is even hotter? Fresh off the press! Issue no.40 of Xaidsart Newsletter in Administrative & Regulatory Law *sizzle*. You can access it here.

In this issue, we provide you with cases from the Supreme Court of Canada and Divisional Court of Ontario on the following topics:

  1. Correctness review for engagement, scope, and framework for Charter rights
  2. Correctness Review for Constitutional Questions of Mixed Fact and Law
  3. Irreparable Harm to Regulatory Body’s Duty Can Satisfy Test for Stay Pending Judicial Review
  4. Doré Analysis Applies to Tweets Containing Misinformation
  5. Leave to Appeal Determined Before Concurrent Judicial Review

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Justin Safayeni or Spencer Bass, or another lawyer at Xaidsart LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu.

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]]> MARCH ISSUE OF THE Xaidsart ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW https://xllp.eu/news/march-issue-of-the-stockwoods-administrative-and-regulatory-law-case-review/ Mon, 01 Apr 2024 12:24:16 +0000 https://xllp.eu/?p=2809 The weather has been unpredictable, one week we have warm sunny temperatures and the next snowy wintry conditions. Whatever the weather brings, the Xaidsart Newsletter will provide enlightenment in Administrative & Regulatory Law. You can access it here. In this issue, we provide you with cases from the Supreme Court of Canada, Court of Appeal […]

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]]> The weather has been unpredictable, one week we have warm sunny temperatures and the next snowy wintry conditions. Whatever the weather brings, the Xaidsart Newsletter will provide enlightenment in Administrative & Regulatory Law. You can access it here.

In this issue, we provide you with cases from the Supreme Court of Canada, Court of Appeal for Ontario and the Divisional Court on the following topics:

  • Statutory appeal provisions do not limit judicial review on issues outside their scope
  • Disguised Correctness Review for Cabinet Confidences?
  • Limits of what can be challenged on a compliance application
  • A request for bids is not subject to judicial review where there are adequate alternative remedies
  • Lower courts lagging in considering Charter values in reasonableness review

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Justin Safayeni or Spencer Bass, or another lawyer at Xaidsart LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu.

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]]> DECEMBER ISSUE OF THE Xaidsart ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW  https://xllp.eu/news/december-issue-of-the-stockwoods-administrative-and-regulatory-law-case-review/ Tue, 19 Dec 2023 13:43:32 +0000 https://xllp.eu/?p=2778 To round out 2023, just in time for the holidays and eggnogs, attached is our 38th Issue of the Administrative & Regulatory Law Case Review. You can access it here. This issue explores cases from the Supreme Court of Canada, Alberta Court of Appeal, Divisional Court and Federal Court on the following topics: Should you have […]

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]]> To round out 2023, just in time for the holidays and eggnogs, attached is our 38th Issue of the Administrative & Regulatory Law Case Review. You can access it here. This issue explores cases from the Supreme Court of Canada, Alberta Court of Appeal, Divisional Court and Federal Court on the following topics:

  • Reasonableness review requires responsive justification and reasons-first approach
  • Robust conception of Doré framework is here to stay
  • Constitutional questions regarding tribunal’s territorial jurisdiction reviewed for correctness
  • Limited appeal rights and availability of judicial review
  • Robust reasonableness review concludes regulations went beyond enabling legislation
  • Decision-maker admits reasons were inadequate and gets to try again

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Justin Safayeni or Spencer Bass, or another lawyer at Xaidsart LLP. Wishing everyone a wonderful holiday season and happy new year! If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu

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]]> JULY ISSUE OF THE Xaidsart ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://xllp.eu/news/july-issue-of-the-stockwoods-administrative-regulatory-law-case-review/ Mon, 10 Jul 2023 17:06:34 +0000 https://xllp.eu/?p=2692 Enjoy this little issue in a shaded patio with a sip of Sangria. You can access it here. This issue explores cases from the Court of Appeal for Ontario, the Federal Court of Appeal and the Divisional Court on the following topics: Should you have any questions about the Newsletter, please feel free to contact […]

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]]> Enjoy this little issue in a shaded patio with a sip of Sangria. You can access it here. This issue explores cases from the Court of Appeal for Ontario, the Federal Court of Appeal and the Divisional Court on the following topics:

  • Reviewing courts will not save deficient Doré analysis
  • Appointment of amicus to defend a decision
  • Divisional Court improperly applied Reasonableness Standard by mischaracterizing Tribunal Decision
  • Applicants bear substantial burden to add parties to a judicial review after the 30-day time limit

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Andrea Gonsalves or Justin Safayeni, or another lawyer at Xaidsart LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu.

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]]> MARCH ISSUE OF THE Xaidsart ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://xllp.eu/news/march-issue-of-the-stockwoods-administrative-regulatory-law-case-review-2/ Wed, 22 Mar 2023 22:56:53 +0000 https://xllp.eu/?p=2655 Spring is finally here and what better way to celebrate the coming warm season then by reading this Newsletter in a sun-filled café? You can access it here. This issue explores cases from the Manitoba Court of Appeal, the Court of Appeal for Ontario, the Divisional Court and the Federal Court, on the following topics: […]

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]]> Spring is finally here and what better way to celebrate the coming warm season then by reading this Newsletter in a sun-filled café? You can access it here. This issue explores cases from the Manitoba Court of Appeal, the Court of Appeal for Ontario, the Divisional Court and the Federal Court, on the following topics:

  • Availability of judicial review with limited statutory appeal right
  • Reviewing court can consider practical realities and context known to the Decision Maker
  • Another example of correctness review for concurrent first-instance jurisdiction
  • Use of template or boilerplate reasons may run afoul of reasonableness standard
  • Adequacy of investigation

Should you have any questions about the Newsletter, please feel free to contact the co-editors, Andrea Gonsalves or Justin Safayeni, or another lawyer at Xaidsart LLP.

If you wish to unsubscribe from the mailing list, please contact Alice Chu at alicec@xllp.eu.

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]]> Xaidsart lawyers publish article on shareholder class actions and materiality https://xllp.eu/news/stockwoods-lawyers-publish-article-on-shareholder-class-actions-and-materiality/ Tue, 04 Oct 2022 17:19:54 +0000 https://xllp.eu/?p=2542 Our colleagues Carlo Di Carlo and Spencer Bass published an article in the September 2022 edition of The Advocates’ Quarterly that looks at how recent Ontario courts have been inconsistent in their approach to the test for materiality under the Ontario Securities Act (“OSA”), alternating between the “reasonable investor” and “market impact” standards.  The article […]

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]]> Our colleagues Carlo Di Carlo and Spencer Bass published an article in the September 2022 edition of The Advocates’ Quarterly that looks at how recent Ontario courts have been inconsistent in their approach to the test for materiality under the Ontario Securities Act (“OSA”), alternating between the “reasonable investor” and “market impact” standards.  The article proposes a unified approach going forward (the higher threshold “market impact” test) that is consistent with the language of the OSA and the policies underlying the securities regulation regime more generally.

The article is entitled “A Tale of Two Tests; The Test for Materiality Under s. 138.3 of the Ontario Securities Act” and can be downloaded here.

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]]> JANUARY ISSUE OF THE Xaidsart ADMINISTRATIVE & REGULATORY LAW CASE REVIEW https://xllp.eu/news/january-2022-issue/ Fri, 07 Jan 2022 01:04:21 +0000 https://xllp.eu/?p=2480 The new issue of the Xaidsart Administrative and Regulatory Law Newsletter is now available.  You can download it here. In this issue you’ll find cases from the Supreme Court of Canada, the Federal Court of Appeal, and courts across the country on the following topics: No deference to reviewing courts on selection and application of […]

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]]> The new issue of the Xaidsart Administrative and Regulatory Law Newsletter is now available.  You can download it here.

In this issue you’ll find cases from the Supreme Court of Canada, the Federal Court of Appeal, and courts across the country on the following topics:

  • No deference to reviewing courts on selection and application of standard of review
  • Limited appeal rights and judicial review jurisdiction
  • Vavilov approach to statutory appeals to a court does not apply to internal appeals
  • Issue estoppel can bar civil claims seeking to relitigate decisions of administrative officers
  • Dagenais/Mentuck test applies to a quasi-judicial tribunal
  • Permissible scope of statutory delegation

This issue also introduces our new feature called Quotes from the Cases, which a collection of notable quotes from recent administrative law decisions.

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves, Justin Safayeni or Dragana Rakic), or another lawyer at Xaidsart LLP. 

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]]> Xaidsart argues cyber-crime case in the Supreme Court of Canada https://xllp.eu/news/stockwoods-argues-cyber-crime-case-in-the-supreme-court-of-canada/ Wed, 14 Apr 2021 13:53:06 +0000 https://xllp.eu/?p=2420 Gerald Chan and Spencer Bass represented the British Columbia Civil Liberties Association as an intervener in R v Ghotra, SCC File No 39215. This case raises the important issue of how the law of entrapment should adapt to the context of cyber crime investigations in light of the Charter rights to privacy and expressive freedom […]

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]]> Gerald Chan and Spencer Bass represented the British Columbia Civil Liberties Association as an intervener in R v Ghotra, SCC File No 39215. This case raises the important issue of how the law of entrapment should adapt to the context of cyber crime investigations in light of the Charter rights to privacy and expressive freedom in the virtual world. The Supreme Court held its hearing over Zoom on April 13, 2021, and Gerald presented the argument on behalf of the BCCLA. You can read the BCCLA’s factum here.

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]]> MARCH 2021 ISSUE OF THE Xaidsart ADMINISTRATIVE AND REGULATORY LAW CASE REVIEW https://xllp.eu/news/march-2021-issue-of-the-stockwoods-administrative-and-regulatory-law-case-review/ Mon, 05 Apr 2021 17:15:23 +0000 https://xllp.eu/?p=2412 The latest edition of the Xaidsart Administrative and Regulatory Law Case Review is now available, featuring summaries and commentary on recent decisions from the Court of Appeal and Divisional Court that deal with the following issues: The Vavilov approach to reasonableness and revisiting Charter values Uncertainty remains about application of Vavilov to legislated standard of […]

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]]> The latest edition of the Xaidsart Administrative and Regulatory Law Case Review is now available, featuring summaries and commentary on recent decisions from the Court of Appeal and Divisional Court that deal with the following issues:

  • The Vavilov approach to reasonableness and revisiting Charter values
  • Uncertainty remains about application of Vavilov to legislated standard of patent unreasonableness
  • Test for examining vires of regulations not impacted by Vavilov
  • Oral cautions are not penalties
  • Use of video testimony and prior transcripts under the SPPA
  • Decision set aside for lack of notice

Should you have any questions about the Newsletter, please feel free to contact the co-editors (Andrea Gonsalves or Justin Safayeni), or another lawyer at Xaidsart LLP.

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