(Un)constructive expropriation lawby pwills on 11 February 2022 Next week, the Supreme Court is hearing a case concerning whether refusing to approve a development permit constituted “constructive expropriation” in Nova Scotia. In this post, I suggest the court should jettison the entire idea of constructive expropriation.
Doré or Door Bby pwills on 8 January 2021 An unpopular opinion: Doré [2012 SCC 12] is fine. In the 8 years since it, we haven’t seen a downfall of civilization and the Rule of Law (well, not in Canada at any rate). The core of Doré is the idea that when an administrative decision maker (ADM) makes a decision that implicates Charter rights,… Continue reading Doré or Door B