discretionary powers of the supreme court

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1.053 documents for discretionary powers of the supreme court

- No discretion: on prorogation and the governor general.
... interpretation of the governor general's powers have overlooked two crucial points. First, that pr... the governor general retains the discretionary power in weighing a prime minister's request for p...The Federal Court of Canada has noted that: . The Magna Carta (1215)... also the Parliament of Canada, the Supreme Court of Canada has recognized that: . The evoluti...
- Canadian Parliamentary Review
- Vol. 34 Nbr. 1, March 2011
- Government Loses its Priority to GST in CCAA Proceedings
... (Attorney General), 2010 SCC 60, the Supreme Court of Canada has, for the first time, interpret... proceedings, and endorses the broad discretionary power of a CCAA court. The debtor in the case ow... provided guidance on the discretionary powers of a court supervising a CCAA reorganization. The ...
- Mondaq Business Briefing
- Canada Law Articles in English
- Discretion and the reserve powers of the crown.
... students of Parliament as to the discretionary power of a governor general to reject advice of a ...) It was the Jennings' test that that the Supreme Court of Canada used in 1981 when it was called up...
- Canadian Parliamentary Review
- Vol. 34 Nbr. 2, June 2011

- R. v. Imperial Tobacco Canada Ltd. , 2011 SCC 42, R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42, 2011 SCC 42 (2011)
...Furthermore, Canada's regulatory powers over the manufacturers coupled with its specific a... any of the Minister's public law discretionary powers, to be exercised in the general public inte...
- Supreme Court of Canada
- LUIS ALBERTO FELIPA v. THE MINISTER OF CITTIZENSHIP AND IMMIGRATION, 2011 FCA 272 (2011)
... as a deputy judge to exercise all of the powers of a judge of the Federal Court. In our view, that... expressed in the following terms by the Supreme Court of Canada:. Although much has been written a...The remuneration is set by a non-discretionary formula specified in subsection 10(4) of the Feder...
- Federal Court of Appeal
- Seidel v. TELUS Communications Inc. , 2011 SCC 15 ; [2011] 1 S.C.R. 531, Seidel v. TELUS Communications Inc., 2011 SCC 15, 2011 SCC 15 (2011)
...In light of ss. 171 and 172 and of the powers conferred on arbitrators in British Columbia, it i...163). They also agreed "that a discretionary approach favouring resort to the arbitrator in mos...
- Supreme Court of Canada
- A theory of fiduciary liability.
... focal point is the recent decision of the Supreme Court of Canada in Galambos v. Perez. The theory o... one person (the fiduciary) wields discretionary power over the practical interests of another (the... with the stipulation that fiduciary powers are discretionary. . A further point of inconsiste...
- McGill Law Journal
- Vol. 56 Nbr. 2, February 2011
- Slansky c. Canada (Attorney General), 2011 FC 1467 (2011)
. Federal Court - Slansky v. Canada (Attorney General). Source: ht... upon to assess trial judges’ discretionary decisions. Such deference must be shown, and the d... in the administration of justice, the Supreme Court of Canada in Solosky v The Queen, [1980] 1 S...Powers of Council or Inquiry Committee. (4) The Council o...
- Cour Fédérale
- Canada (Public Safety and Emergency Preparedness) v. Ramadan Agraira, 2011 FCA 103 (2011)
... deference should be accorded to discretionary ministerial decisions particularly when, as here, ... of this Act, and shall specify the powers and duties of the officers so designated. (2) Anyt... reasoning is based on the decision of the Supreme Court of Canada in Baker v. Canada (Minister of Ci...
- Federal Court of Appeal
- Conacher v. Canada (Prime Minister), 2009 FC 920 (2009)
..., in considering the separation of powers under constitutional supremacy, that the Charter n...( d ) the composition of the Supreme Court of Canada; and. ( e ) an amendment to this P... as a prerogative because, it is discretionary, it is not based on a statutory grant of power and...
- Federal Court