Via (2007)

Review of Standards: Please SCC, Provide "Reasonable" Guidance!

Jodi Martin's post this week on Lévis (City) v Fraternité des policiers de Lévis Inc, 2007 SCC 14, highlights the current uncertainty within administrative law surrounding the application of the "pragmatic and functional" approach in determining the appropriate standard of review for administrative tribunal decisions. If the Supreme Court Justices, whose role it is to provide […]

Council of Canadians with Disabilities v VIA Rail: What Is Undue Hardship Again?

In the recent case Council of Canadians with Disabilities v VIA Rail, 2007 SCC 15, the Supreme Court of Canada ("SCC") reviewed the decision of the Canada Transportation Agency (CTA) ordering Via Rail to modify 13 economy coach cars and 17 service cars of the renaissance class to make them wheelchair accessible. In a 5-4 […]