‘The Shaky Foundations of the Supreme Court of Canada’s Public/Private Divide: Chartier v Métis Nation – Saskatchewan, 2021 SKQB 142′

“In a series of recent decisions, the Supreme Court of Canada has erected a divide between public and private law. First, judicial review of private organizations was restricted in Wall, a restriction subsequently extended to judicial enforcement of private organizations’ constitutive documents in Aga. Second, the appropriateness of judicial review of contractual arrangements was strongly doubted in JW. Third, the Court explained in Wastech that judicial review concepts, such as reasonableness, do not apply in the area of contract law …” (more)

[Paul Daly, Administrative Law Matters, 8 September]

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