Ontario: Court of Appeal narrows the s. 5(1)(a)(iv) “alternative process” principle

The Court of Appeal decision in Beniuk v. Leamington (Municipality) is an important addition to s. 5(1)(a)(iv) appropriateness jurisprudence. It has become popular to argue that an alternative dispute resolution process with a clear and identifiable conclusion delays the appropriateness of… Continue Reading

Ontario: the Court of Appeal on Crown Liability and Proceedings Act limitation period

In Brazeau v. Canada (Attorney General), the Court of Appeal held that a claim for damages arising from the adoption and maintenance of a federal regulatory policy regime that applies in all provinces arises “otherwise than in a province” and is therefore… Continue Reading