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21 Jun 2017, 5:31 am by SAMANTHA KNIGHTS, MATRIX
The principle of a MIR per se is not objectionable as the Court states (see Konstantinov v Netherlands cited at para. 84) but the impact of the new threshold is surely a relevant consideration in considering compatibility. [read post]
4 Feb 2011, 7:48 am by Adam Baker
Turning to the second question Binnie J reviewed what was then the leading Canadian case on fundamental breach: Hunter Engineering Co. v Syncrude Canada Ltd. [1989] 1 SCR 426. [read post]
The court determined that: i) The state has a duty to inform the owners that it intends to acquire their property—a right to notice; ii) The state’s obligation to consider objections—the right to hear; iii) The state has a duty to inform its acquisition decision, ensuring the right to a reasoned decision; iv) The state has a duty to demonstrate that the acquisition is for a public cause—acquisitions should only be made for public purposes;… [read post]
30 Oct 2015, 3:00 am by Jeff Welty
I blogged here about United States v. [read post]