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21 May 2012, 1:50 am
” The rationale of article 1F(c), as expressed by Bastarache J in the Canadian Supreme Court in Pushpanathan v Canada, Minister of Citizenship and Immigration Control (Canadian Council for Refugees intervening) [1999] INLR 36 and cited in the Court of Appeal in DD(Afghanistan), is that “…those who are responsible for the persecution which creates refugees should not enjoy the benefits of a Convention designed to protect those refugees. [read post]
22 Nov 2007, 4:09 pm
McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ. [read post]
19 Feb 2007, 3:07 am
Abella, J. wrote concurring reasons with McLachlin C.J. and Bastarache J.. [read post]
27 Feb 2007, 5:33 am
For the majority of four justices, Bastarache J. simply observes "The practical constraints that burden the SBT are of an entirely different character than those facing applicants. [read post]
1 Jun 2017, 4:00 am
Thank you to Gregory Werker, Xavier Beauchap-Tremblay and Rachelle Bastarache for giving me feedback on this column. [read post]
14 Jan 2011, 9:21 am
Reasoning Justice Iacobucci delivered the unanimous judgment of the Court (Chief Justice Lamer and Justices Cory, McLachlin, Major, Bastarache and Binnie also sat for the appeal). [read post]
10 Sep 2020, 4:00 am
The kind of prejudice that might offend public’s sense of decency and fairness was touched on in Blencoe, where Justice Bastarache, writing for the majority, referred to the psychological harm or stigma affecting a person’s reputation resulting from an inordinate delay that might contribute to an abuse of process. [read post]
7 Sep 2011, 1:07 pm
Administrative law -- Canada PRINCIPLES OF ADMINISTRATIVE LAW / BY DAVID PHILLIP JONES AND ANNE S. [read post]
8 Sep 2011, 7:25 am
Administrative law -- Canada PRINCIPLES OF ADMINISTRATIVE LAW / BY DAVID PHILLIP JONES AND ANNE S. [read post]
19 Jan 2011, 10:46 am
Reasoning The unanimous judgment of the court of delivered by Justice Binnie (Chief Justice McLachlin and Justices Iacobucci, Major, Bastarache, Arbour and LeBel also sat for the appeal). [read post]
19 Jan 2011, 10:46 am
Reasoning The unanimous judgment of the court of delivered by Justice Binnie (Chief Justice McLachlin and Justices Iacobucci, Major, Bastarache, Arbour and LeBel also sat for the appeal). [read post]
20 Jun 2009, 3:58 pm
Summary judgment motions can be a highly expeditious and cost effective way of dealing with a variety of employment disputes. [read post]
22 Jan 2011, 8:49 am
Reasoning In a five to four split, the majority decision was delivered by Justices Abella and Rothstein (Justices LeBel, Deschamps and Fish concurring), while dissenting reasons were written by Justice Charron (Chief Justice McLachlin and Justices Bastarache and Binnie concurring in dissent). [read post]
22 Jan 2011, 8:49 am
Reasoning In a five to four split, the majority decision was delivered by Justices Abella and Rothstein (Justices LeBel, Deschamps and Fish concurring), while dissenting reasons were written by Justice Charron (Chief Justice McLachlin and Justices Bastarache and Binnie concurring in dissent). [read post]
16 Nov 2007, 4:00 am
Justice Michel Bastarache, of the Supreme Court of Canada, criticized that court for the 2004 decisions in the Monsanto Canada Inc. v. [read post]
18 Dec 2006, 1:40 pm
Une question majeure reprise par plusieurs juges (Bastarache, Charron, etc.) et par plusieurs intervenants (Mes. [read post]
8 Mar 2023, 4:00 am
By the time the case reached the Supreme Court, for the majority, Justices Bastarache and Arbour presented it as though there was equality in bargaining power and mutualized conflict, referring to the “degree of animosity” between the parties (Miglin, para 19). [read post]
28 Feb 2024, 2:53 pm
But, as Bastarache J. states for the majority of the Supreme Court in Canadian Liberty Net, “Many federal Acts do not provide for the exercise of administrative decision-making authority. [read post]
24 Aug 2021, 2:32 pm
INTRODUCTION The Supreme Court of Canada in Fraser concluded that, with the minor adjustment of reading in an additional provision, the Ontario Agricultural Employees Protection Act (“AEPA”) is constitutional. [read post]
16 Jan 2011, 7:39 am
Reasoning On the extension of tort liability to pure economic losses in the context of commercial negotiations: The unanimous judgment of the court of delivered by Justices Iacobucci and Major (Chief Justice McLachlin and Justices Gonthier, Bastarache, Binne and Arbour also sat for the appeal). [read post]
