Law360 Canada

Privative clause struck down; judicial review for ‘legality’ is constitutionally guaranteed: SCC

Supreme Court of Canada Chief Justice Richard Wagner stated for the unanimous court ‘what is clear is that the availability of legality review — i.e. review to ensure that an exercise of public power has not exceeded the boundaries of an administrative decision-maker’s delegated authority — is constitutionally guaranteed.’

Thursday, July 30, 2026 @ 7:05 PM

In an administrative law landmark that addresses the scope of the Constitution’s guarantee of judicial review, the Supreme Court of Canada has ruled 9-0 that legislatures cannot validly use privative clauses to bar “legality review” by courts — i.e., the availability of curial review is constitutionally guaranteed for all aspects of delegated administrative decisions, including on questions of law, fact or mixed law and fact. ... [read more]

First Nation membership dispute outside of Federal Court jurisdiction, Appeal Court finds

Friday, July 31, 2026 @ 3:59 PM

In a case spanning more than 25 years, the Federal Court of Appeal has agreed that the Federal Court does not have jurisdiction over issues relating to a First Nation band’s denial of membership to women who married out and their children, even though it had ruled on the merits in their favour. ... [read more]

Law Commission of Canada issues annual report, provides project updates

Friday, July 31, 2026 @ 1:04 PM

The Law Commission of Canada (LCC) has released its annual report, which “highlights the commission’s work and achievements over the past reporting year, providing updates on projects and programs” between April 2025 to March 2026. ... [read more]

First TSX-listed CVRs could pave way for more listings

Friday, July 31, 2026 @ 10:35 AM

Last Updated: Friday, July 31, 2026 @ 2:15 PM

The first-ever listing of contingent value rights (CVRs) on a Canadian exchange could establish a pathway for other issuers to use the instruments to bridge valuation gaps in M&A deals, according to Ghaith Sibai of Davies Ward Phillips & Vineberg LLP, who advised on the listing. ... [read more]

Ontario high court looks at labour standards protections and jurisdiction Paul Champ, Champ & Associates

Thursday, July 30, 2026 @ 5:21 PM

Ontario’s Appeal Court has highlighted that labour standards protections still apply if someone’s employer is in another jurisdiction, says the lawyer of a man suing a company in England for wrongful dismissal. ... [read more]