Federal Courts Act s 2(1):
“federal board, commission or other tribunal” means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prereogative of the Crown, other than the Tax Court of Canada or any of its judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96”.
There are exceptions to the above definition:
-if statute gives power to another Court
-if remedy is not provided by Federal Court act e..g habeus corpus application
There are two grounds for judicial review – Procedural and Substantive.
Continue reading Federal Courts Act and Rule of Law (CANADA)
Historically, there are two main approaches to international law:
– Natural law, which can be thought of as the idea that power of law does not come from voice of authority. In contrast positivisim says the authority is what makes the law the law. Natural law says there is a higher reason why the law is the law (e.g morality, universal principles, religious, etc.). Under natural law, horrific immoral laws would not be valid even if they came from a legitimate authority.
The application of these approaches goes back 2000 years. Natural law finds its origins in ancient Rome and Cicero the philosopher. Thomas Aquinas examined source of the aw’s legitimacy; according to him natural law is God’s natural law.
A modern definition explores how natural law is universally applicable with rules derived from reason; a doctrine that human affairs should be governed by ethical principles understood by reason.
Continue reading Two main approaches to international law: positivism and naturalism
Types of intentional torts include:
Battery – unwanted intentional touching
Assault – threat of battery
Intentional infliction of mental suffering
Intentional interference with chattels (theft)
Continue reading Intentional Torts and Types
Is it true that you are entitled to certain insurance benefits from your own insurer, regardless of who was at fault? It’s true, in Canada these benefits are often called ‘Section B benefits’. However, insurers like to erroneously inform injured clients that they will only ‘authorize’ 21 treatments (of various kinds). This is not true. Continue reading Limiting Your Treatments after Injury
If you’ve ever been injured in an accident such as a motor vehicle, then you may be seeking compensation for damages. Damages to your car is one thing, but to your body is quite another. Soft tissue damage is unseen (another blog post) and can be a prolonged injury.
Some believe keeping an injury diary is a good way to keep track of the increasing severity of their injury overtime. This may sound like a good idea at the outset, but it turns out to work against the injured. Here’s why. Continue reading Keeping an Injury Diary
How to advertise (and be over the top!)
Regulatory offences: Some offences utilize the machinery of criminal law, but are not truly considered to be criminal offences. These offences deal with everyday civil matters such as traffic infractions, pollution, hunting regulations, and so forth. Besides the supremely important fault requirement (discussed below), there are a number of ways to identify a “regulatory offence” from a “true crime”:
1. true crimes are usually more socially and morally condemned than regulatory offences.
2. regulatory offences are usually aimed at deterring harm to the public, rather than the individual.
3. regulatory offences are often part of a complex regulatory framework.
4. regulatory offences are not in the Criminal Code (R. v Wholesale Travel, 1993).
Continue reading Intro to Regulatory Offences
We all have to get insurance if we do certain things like drive. Other forms of insurance are ways of mitigating risk, like life insurance or home insurance.
To complicate matters there are a variety of forms of insurance one can purchase to protect the same thing. Life insurance has ‘term insurance’ or the much maligned ‘universal life‘, but there thousands of iterations.
But what happens if you need to make a claim?
Continue reading Just a Number with Insurance Companies
Generally, reinstatement is not a remedy available at common law. However, this remedy may be available as per statute or collective bargaining agreement. For obvious reasons, reinstatement is not a popular remedy: it would create tension and awkwardness in the workplace.
Speeding is a leading cause of motor vehicle accidents. Drivers typically speed because they believe they will arrive at their destination quicker. A common misconception that many drivers have is that driving 10 km/h over the posted speed limit is low risk and will cut down on their commute time. Anecdotal evidence also suggests that law enforcement officers will not pull you over if you are speeding between 5 to 9 km/h over the posted speed limit. In reality, if you are driving even 1 km/h over the posted speed limit and a police officer with a speed gun clocks you, they are well within their rights to issue you a speeding ticket. However likely or unlikely this is to happen in real life is debatable, and not the subject of this article.
Appropriate speed limits are determined by taking into account a variety of factors, including road design, volume of traffic, as well as the likelihood of encountering pedestrians in the area. Speed limits are set for ideal road conditions, so if the roads are wet or icy and visibility is poor, the posted speed limit will be too fast. These are not arbitrarily imposed limits and they are enforced for public safety. By following the posted speed limit, you decrease your odds of being involved in a motor vehicle collision and potentially injuring yourself and another person.
Will I Save Time on My Daily Commute?
Continue reading Outlining the Costs of Speeding